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Family Lawyers Murphys Creek VIC

Family Lawyers Murphys Creek VIC

Accredited Family Law & Separation Specialists In Murphys Creek

We understand family law. Our Family Lawyers Murphys Creek have represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.

We are committed 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 get the very best possible outcome. If you are looking to engage the services of some of the best family solicitors Murphys Creek has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Murphys Creek, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is generally 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 just available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in scenarios 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 residing under the same roof or if one has supplied the other with some household services. It might be challenging to develop that separation has taken place in these circumstances and accordingly the Court will require evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to reside in Murphys Creek forever or otherwise be able to offer evidence that you lived 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 needs the parties to attend 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 appropriate arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.

As soon as a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has been made.

When a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Murphys Creek

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

Prior to the beginning of any Court proceedings the parties are needed to participate in, take part and make an authentic effort in fixing any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the assistance of solicitor, arbitrators and counsellors Murphys Creek.

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 conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should concern the best interests of the child as the critical factor to consider.

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

guaranteeing that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum level consistent with the very best interest of the child; and

securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and

ensuring that kids get adequate and appropriate parenting to assist them achieve their full potential; and

guaranteeing that parents satisfy their responsibilities, and satisfy their responsibilities, concerning the care, welfare and development of their children.

There are other factors that the Court may take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Murphys Creek VIC

We are passionate about providing a specialty Family Law service Murphys Creek that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal needs.

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