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Family Lawyers Murrawee VIC

Family Lawyers Murrawee VIC

Accredited Family Law & Separation Specialists In Murrawee

We understand family law. Our Family Solicitors Murrawee have represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise in divorce, child custody and home division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Murrawee has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Murrawee, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests 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 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 marital relationship submits the application, or a joint application where both parties submit the application together.

An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and implies 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 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 living under the very same roof or if one has actually supplied the other with some home services. It may be hard to develop that separation has actually happened in these situations and accordingly the Court will require evidence in support of the application.

In addition to the requirements of a duration 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 developed, you or your spouse has to regard Australia as your home, intend to live in Murrawee indefinitely or otherwise be able to provide proof that you lived 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 or was adopted or who is treated as a member of that family, and under the age of 18.

When a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.

As soon as a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Murrawee

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 required to go to, participate and make an authentic attempt in resolving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be organized with the support of lawyer, conciliators and counsellors Murrawee.

If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court must concern the very best interests of the kid as the paramount factor to consider.

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

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

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

guaranteeing that children receive sufficient and correct parenting to help them accomplish their complete potential; and

guaranteeing that parents satisfy their responsibilities, and meet their obligations, concerning the care, well-being and development of their kids.

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

Why Choose Our Family Lawyers Murrawee VIC

We are passionate about offering a specialty Family Law service Murrawee that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal needs.

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