Domestic Violence Lawyer Tootgarook VIC

Accredited Family Law & Separation Specialists In Tootgarook

We know family law. Our Family Lawyers Tootgarook have represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors 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 possible, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are planning to engage the services of a few of the very best family lawyers Tootgarook has to offer, then look no more. When engaging among our experts, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Tootgarook, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates 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 actually broken down irretrievably.

Any application for Divorce is typically 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 only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and suggests 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 very same roof or if one has provided the other with some family services. It might be challenging to develop that separation has occurred in these situations and appropriately 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 partner will need 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 reside in Tootgarook forever or otherwise be able to provide 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 been wed for less than 2 years, the Court requires the parties to participate in 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 think about that correct 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 home, and under the age of 18.

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

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

Parenting Orders Tootgarook

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

Prior to the commencement of any Court proceedings the parties are required to participate in, take part and make a real effort in fixing any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

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

If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should regard the very best interests of the child as the paramount factor to consider.

According to area 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 moms and dads 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, disregard or family violence; and

ensuring that children receive appropriate and correct parenting to help them attain their full potential; and

guaranteeing that parents fulfil their tasks, and meet their duties, concerning the care, well-being and development of their children.

There are other elements that the Court may take into account in any particular scenarios.

Why Choose Our Domestic Violence Lawyers Tootgarook VIC

We are passionate about providing a specialized domestic violence lawyer Tootgarook service that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.

Business Results 1 - 5 of 0