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Divorce Lawyer Drouin West VIC

Divorce Lawyer Drouin West VIC

Accredited Family Law & Separation Specialists In Drouin West

We understand family law. Our Family and Divorce Solicitors Drouin West have represented numerous family law clients for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular competence in divorce, child custody and residential or commercial property division.

We are dedicated to assisting you settle your matter as rapidly 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 outcome. If you are wanting to engage the services of a few of the best family lawyers Drouin West has to offer, then look no further. When engaging among our experts, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Drouin West, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is generally filed 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 available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and implies 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 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 provided the other with some home services. It might be difficult to establish that separation has occurred in these circumstances and accordingly the Court will require evidence 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Drouin West indefinitely or otherwise be able to supply 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 wed 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 proper arrangements have actually been produced any child of the marriage, 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 home, and under the age of 18.

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

Once a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Drouin West

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 procedures the parties are needed to go to, get involved and make a genuine effort in dealing with any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be organized with the assistance of solicitor, arbitrators and counsellors Drouin West.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should regard the best interests of the child as the vital consideration.

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

guaranteeing that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the very 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 receive appropriate and correct parenting to assist them attain their complete potential; and

guaranteeing that parents fulfil their responsibilities, and meet their obligations, concerning the care, welfare and development of their children.

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

Why Choose Our Family Lawyers Drouin West VIC

We are passionate regarding giving a specialized Family Law service Drouin West that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal requirements.

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