Domestic Violence Lawyer Tourello VIC

Accredited Family Law & Divorce Specialists In Tourello

We know family law. Our Family Lawyers Tourello have represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific know-how in divorce, child custody and home division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are planning to engage the services of some of the very best family solicitors Tourello has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Tourello, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. 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 marriage 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 suggests more than physical separation where there is no possibility 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 actually provided the other with some family services. It may be hard to establish that separation has happened in these situations and accordingly the Court will need evidence in assistance 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 needs to regard Australia as your home, mean to live in Tourello indefinitely or otherwise have the ability to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has been married for less than 2 years, the Court requires 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 proper 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 family, and under the age of 18.

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

As soon as a Divorce has 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 may be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Tourello

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 commencement of any Court proceedings the parties are needed to participate in, get involved and make a genuine attempt in solving 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 Approval Orders. If no arrangement can be reached, further settlements can be organized with the assistance of lawyer, arbitrators and counsellors Tourello.

If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.

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

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

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

safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and

guaranteeing that children get sufficient and appropriate parenting to assist them achieve their complete potential; and

ensuring that moms and dads satisfy their duties, and satisfy their duties, concerning the care, welfare and advancement of their children.

There are other elements that the Court might take into consideration in any particular situations.

Why Choose Our Domestic Violence Lawyers Tourello VIC

We are passionate about giving a specialty domestic violence lawyer Tourello service that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be assured of our dedication to your legal needs.

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