Domestic Violence Lawyer Ventnor VIC

Accredited Family Law & Divorce Specialists In Ventnor

We understand family law. Our Family Lawyers Ventnor have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, 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 specific knowledge in divorce, child custody and residential or commercial property division.

We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are aiming to engage the services of a few of the very best family lawyers Ventnor has to offer, then look no further. When engaging among our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Ventnor, the Family Law Act 1975 developed 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 file the application together.

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

The application can be opposed in circumstances 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 actually supplied the other with some home services. It may be difficult to develop that separation has actually occurred in these scenarios and appropriately the Court will require proof in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse 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 live in Ventnor indefinitely or otherwise have the ability to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been married for less than 2 years, the Court needs 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 have to consider that proper arrangements 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 dealt with as a member of that household, and under the age of 18.

When a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has actually been made.

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

Parenting Orders Ventnor

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 commencement of any Court proceedings the parties are needed to attend, get involved and make a real effort in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be organized with the help of lawyer, conciliators and counsellors Ventnor.

If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a conflict 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 regard the best interests of the kid as the critical factor to consider.

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

making sure that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree consistent with the best interest of the child; and

securing the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and

guaranteeing that kids get sufficient and correct parenting to help them attain their full potential; and

making sure that parents fulfil their tasks, and satisfy their duties, concerning the care, well-being and development of their kids.

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

Why Choose Our Domestic Violence Lawyers Ventnor VIC

We are passionate regarding giving a specialized domestic violence lawyer Ventnor service that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be guaranteed of our dedication to your legal needs.

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