Domestic Violence Lawyer Ultima East VIC

Accredited Family Law & Divorce Specialists In Ultima East

We know family law. Our Family Lawyers Ultima East have actually represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular expertise in divorce, child custody and property division.

We are committed 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 procedure so that you get the very best possible result. If you are planning to engage the services of some of the very best family lawyers Ultima East has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Ultima East, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, 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 submits 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 period is to be a constant period and means more than physical separation where there is no probability 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 residing under the same roof or if one has supplied the other with some household services. It might be challenging to develop that separation has occurred in these situations 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 partner will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Ultima East forever or otherwise be able to provide proof that you lived 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 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 proper arrangements have been produced any child of the marriage, 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.

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

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

Parenting Orders Ultima East

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

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

If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, conciliators and counsellors Ultima East.

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 need verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court must relate to the best interests of the kid as the vital consideration.

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

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

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

ensuring that children get adequate and correct parenting to help them achieve their complete potential; and

guaranteeing that moms and dads satisfy their duties, and satisfy their duties, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court may take into account in any particular circumstances.

Why Choose Our Domestic Violence Lawyers Ultima East VIC

We are passionate about giving a specialized domestic violence lawyer Ultima East service that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal demands.

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