Domestic Violence Lawyer Towong VIC

Accredited Family Law & Separation Specialists In Towong

We know family law. Our Family Lawyers Towong have represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and residential or commercial property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are aiming to engage the services of a few of the very best family legal representatives Towong has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Towong, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 marital relationship submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no probability 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 actually 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 provided the other with some household services. It might be challenging to establish that separation has happened in these situations and appropriately the Court will require proof in assistance 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 partner needs to regard Australia as your home, plan to live in Towong indefinitely or otherwise be able to supply evidence that you resided 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 requires 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 think about that correct plans have been produced 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 household, and under the age of 18.

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

When a Divorce has actually worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Towong

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

Prior to the start of any Court procedures the parties are needed to participate in, take part and make an authentic attempt in solving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is issued 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, further negotiations can be set up with the support of solicitor, arbitrators and counsellors Towong.

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 need verification that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

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

Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

ensuring that the kids have the advantage of both of their parents having a significant participation in their lives, to the optimum extent consistent with the best interest of the kid; and

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

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

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

There are other elements that the Court may consider in any particular scenarios.

Why Choose Our Domestic Violence Lawyers Towong VIC

We are passionate regarding offering a specialty domestic violence lawyer Towong service that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal requirements.

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