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Family Lawyers Murrindindi VIC

Family Lawyers Murrindindi VIC

Accredited Family Law & Divorce Specialists In Murrindindi

We know family law. Our Family Lawyers Murrindindi have represented hundreds of family law clients for many 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 specific competence in divorce, child custody and property division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are seeking to engage the services of some of the best family legal representatives Murrindindi has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Murrindindi, the Family Law Act 1975 developed 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 submitted 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 duration of separation. This 12 month separation duration is to be a continuous period and implies 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 family services. It may be hard to establish that separation has happened in these circumstances and accordingly the Court will need evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to reside in Murrindindi forever or otherwise be able to provide evidence 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 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 need to think about 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 actually or was adopted or who is treated as a member of that home, and under the age of 18.

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

When a Divorce has actually taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Murrindindi

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

Prior to the beginning of any Court proceedings the parties are required to participate in, get involved and make a real effort in solving any parenting problems at a family disagreement 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 Consent Orders. If no arrangement can be reached, further settlements can be set up with the help of solicitor, mediators and counsellors Murrindindi.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should relate to the best interests of the kid as the paramount consideration.

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

ensuring that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum level consistent with the best interest of the child; and

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

guaranteeing that children get sufficient and appropriate parenting to help them accomplish their full potential; and

guaranteeing that moms and dads satisfy their responsibilities, and satisfy their obligations, concerning the care, welfare and development of their kids.

There are other aspects that the Court may take into account in any specific situations.

Why Choose Our Family Lawyers Murrindindi VIC

We are passionate about giving a specialized Family Law service Murrindindi that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our dedication to your legal demands.

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