Domestic Violence Lawyer Towan VIC

Accredited Family Law & Divorce Specialists In Towan

We know family law. Our Family Lawyers Towan have represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and home division.

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

Divorce

A Divorce is the legal dissolution of a marriage.

In Towan, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no possibility of reconciliation.

The application can be opposed in situations where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have actually not been separated for more than 12 months.

An application can still be made while the parties are living under the exact same roof or if one has offered the other with some home services. It might be tough to develop that separation has happened in these scenarios and appropriately 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 have 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, mean to reside in Towan indefinitely or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has been wed 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 have to consider that appropriate arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that household, and under the age of 18.

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

Once a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be given in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Towan

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

Prior to the beginning of any Court proceedings the parties are needed to participate in, participate and make a real effort in solving any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be organized with the assistance of solicitor, arbitrators and counsellors Towan.

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

In parenting matters, a Court must 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 best interests of the children are satisfied by:

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

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

making sure that children get sufficient and proper parenting to assist them achieve their full potential; and

guaranteeing that parents satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and advancement of their children.

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

Why Choose Our Domestic Violence Lawyers Towan VIC

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

Business Results 1 - 5 of 0