Domestic Violence Lawyer Upton Hill VIC

Accredited Family Law & Divorce Specialists In Upton Hill

We understand family law. Our Family Solicitors Upton Hill have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are seeking to engage the services of a few of the best family lawyers Upton Hill has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Upton Hill, 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 accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is normally filed 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 file the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous 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 handle 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 living under the exact same roof or if one has actually offered the other with some home services. It may be tough to establish that separation has taken place in these situations and appropriately the Court will need proof 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Upton Hill indefinitely or otherwise be able to provide 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 actually been married for less than 2 years, the Court requires the parties to participate in 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 think about that appropriate arrangements have actually 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 family, and under the age of 18.

Once a Divorce has actually been approved 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 period where to file an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Upton Hill

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

Prior to the start of any Court proceedings the parties are required to go to, get involved and make a real attempt in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be arranged with the help of solicitor, conciliators and counsellors Upton Hill.

If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have attempted 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 factor to consider.

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

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

protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and

ensuring that children get sufficient and proper parenting to assist them achieve their complete potential; and

guaranteeing that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and development of their children.

There are other aspects that the Court may consider in any particular situations.

Why Choose Our Domestic Violence Lawyers Upton Hill VIC

We are passionate about offering a specialty domestic violence lawyer Upton Hill service that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal demands.

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