Domestic Violence Lawyer Tullamarine VIC

Accredited Family Law & Divorce Specialists In Tullamarine

We know family law. Our Family Solicitors Tullamarine have actually represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandfathers, 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 know-how in divorce, child custody and property division.

We are dedicated to assisting 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 result. If you are seeking to engage the services of a few of the very best family lawyers Tullamarine has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Tullamarine, the Family Law Act 1975 established 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 abandonment 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 file the application together.

An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in situations 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 actually supplied the other with some household services. It may be tough to establish that separation has taken place in these scenarios and appropriately 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 developed, you or your partner needs to regard Australia as your home, intend to live in Tullamarine indefinitely or otherwise be able to offer evidence 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 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 consider that correct plans have actually been made for 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 home, and under the age of 18.

As soon as a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.

Once a Divorce has actually taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Tullamarine

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

Prior to the beginning of any Court proceedings the parties are required to attend, take part and make an authentic effort in solving any parenting issues at a family conflict resolution conference. Following completion 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 Permission Orders. If no agreement can be reached, even more settlements can be set up with the support of lawyer, conciliators and counsellors Tullamarine.

If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.

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

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

making sure that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum level consistent with the very best interest of the kid; and

securing the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and

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

making sure that parents satisfy their duties, and meet their duties, concerning the care, well-being and advancement of their children.

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

Why Choose Our Domestic Violence Lawyers Tullamarine VIC

We are passionate about offering a specialty domestic violence lawyer Tullamarine service that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal needs.

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