Call Us 1300 241 740

Family Lawyers Muntham VIC

Family Lawyers Muntham VIC

Accredited Family Law & Divorce Specialists In Muntham

We understand family law. Our Family Lawyers Muntham have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular know-how in divorce, child custody and property division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are looking to engage the services of some of the very best family solicitors Muntham has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Muntham, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is normally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.

An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have not been separated for more than 12 months.

An application can still be made while the parties are living under the same roof or if one has supplied the other with some household services. It may be difficult to establish that separation has occurred in these scenarios and accordingly the Court will require evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Muntham forever or otherwise have the ability to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been married for less than 2 years, the Court requires the parties to go to a counselling session with a view to reconciliation. There are exceptions to this requirement if there is a history of violence or abuse or where one party can not be located.

At a Divorce hearing, the Court will have to consider that proper arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.

As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.

When a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Muntham

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.

Prior to the commencement of any Court procedures the parties are needed to participate in, take part and make a genuine effort in dealing with any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be arranged with the help of solicitor, conciliators and counsellors Muntham.

If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the critical consideration.

According to section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

ensuring that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum level consistent with the very best interest of the kid; and

securing the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and

guaranteeing that children get appropriate and appropriate parenting to assist them attain their full potential; and

guaranteeing that moms and dads satisfy their responsibilities, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.

There are other elements that the Court may take into account in any specific circumstances.

Why Choose Our Family Lawyers Muntham VIC

We are passionate about offering a specialty Family Law service Muntham that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal demands.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now