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Family Lawyers Murmungee VIC

Family Lawyers Murmungee VIC

Accredited Family Law & Separation Specialists In Murmungee

We understand family law. Our Family Lawyers Murmungee have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible outcome. If you are planning to engage the services of some of the best family lawyers Murmungee has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Murmungee, 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.

An application for Divorce is only readily 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 handle 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 residing under the same roof or if one has actually offered the other with some household services. It may be tough to establish that separation has actually happened in these scenarios and accordingly the Court will need proof 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Murmungee forever or otherwise have the ability to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has actually been married for less than 2 years, the Court needs 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 need to think about that proper arrangements have actually been made for any child of the marriage, 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 family, and under the age of 18.

Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has been made.

When a Divorce has actually taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Murmungee

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

Prior to the start of any Court procedures the parties are required to go to, participate and make a genuine effort in fixing any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of solicitor, mediators and counsellors Murmungee.

If no agreement 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 attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

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

Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum level constant with the best interest of the kid; and

safeguarding the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and

making sure that kids receive appropriate and proper parenting to assist them accomplish their complete potential; and

making sure that moms and dads satisfy their responsibilities, and satisfy their duties, concerning the care, welfare and development of their children.

There are other aspects that the Court might take into consideration in any particular scenarios.

Why Choose Our Family Lawyers Murmungee VIC

We are passionate regarding providing a specialized Family Law service Murmungee that welcomes you, understands you and shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal needs.

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