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Divorce Lawyer Driffield VIC

Divorce Lawyer Driffield VIC

Accredited Family Law & Separation Specialists In Driffield

We understand family law. Our Family and Divorce Solicitors Driffield have represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors 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 helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are aiming to engage the services of a few of the best family legal representatives Driffield has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Driffield, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates 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 marital relationship has broken down irretrievably.

Any application for Divorce is normally 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 submit the application together.

An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies 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 deal with 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 same roof or if one has actually supplied the other with some household services. It might be difficult to develop that separation has taken place in these scenarios and appropriately the Court will require proof in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Driffield indefinitely or otherwise be able to offer proof that you resided 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 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 correct arrangements have actually been produced any child of the marital relationship, 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 family, and under the age of 18.

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

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

Parenting Orders Driffield

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 start of any Court proceedings the parties are needed to participate in, participate and make an authentic attempt in dealing with any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be arranged with the support of solicitor, arbitrators and counsellors Driffield.

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 verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

In parenting matters, a Court must relate to the best interests of the child as the paramount factor to consider.

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

ensuring that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum degree consistent with the best interest of the child; and

safeguarding the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and

ensuring that kids get sufficient and appropriate parenting to assist them achieve their complete potential; and

ensuring that parents satisfy their responsibilities, and meet their responsibilities, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may take into account in any specific scenarios.

Why Choose Our Family Lawyers Driffield VIC

We are passionate regarding providing a specialized Family Law service Driffield that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our dedication to your legal requirements.

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