Domestic Violence Lawyer Victoria Point VIC

Accredited Family Law & Separation Specialists In Victoria Point

We know family law. Our Family Lawyers Victoria Point have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and home 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 planning to engage the services of some of the very best family solicitors Victoria Point has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Victoria Point, 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 infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.

An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and suggests more than physical separation where there is no probability 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 not been separated for more than 12 months.

An application can still be made while the parties are residing under the very same roof or if one has actually supplied the other with some home services. It might be tough to develop that separation has happened in these scenarios and appropriately the Court will need 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 have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Victoria Point forever or otherwise be able to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually been wed for less than 2 years, the Court needs 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 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 family, and under the age of 18.

Once a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.

Once a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Victoria Point

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

Prior to the start of any Court proceedings the parties are required to participate in, take part and make a real effort in dealing with any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be organized with the assistance of lawyer, mediators and counsellors Victoria Point.

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 require confirmation that the parties have 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 proceedings.

In parenting matters, a Court must regard the very best interests of the kid as the vital factor to consider.

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

making sure that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum level consistent with the best interest of the child; and

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

ensuring that kids receive sufficient and correct parenting to help them accomplish their full potential; and

guaranteeing that parents fulfil their tasks, and meet their obligations, concerning the care, welfare and advancement of their kids.

There are other elements that the Court may take into consideration in any specific scenarios.

Why Choose Our Domestic Violence Lawyers Victoria Point VIC

We are passionate about providing a specialty domestic violence lawyer Victoria Point service that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our dedication to your legal demands.

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