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Divorce Lawyer Drummond VIC

Divorce Lawyer Drummond VIC

Accredited Family Law & Separation Specialists In Drummond

We know family law. Our Family and Divorce Lawyers Drummond have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific know-how 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 achievable, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are seeking to engage the services of some of the very best family solicitors Drummond has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Drummond, 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually 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 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 period of separation. This 12 month separation period 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 scenarios where the Court does not have jurisdiction to deal with 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 supplied the other with some home services. It may be challenging to develop that separation has actually happened in these circumstances and appropriately the Court will need evidence in support of the application.

In addition to the requirements of a duration 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 Drummond indefinitely or otherwise have the ability 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 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 need to consider that correct plans have actually been made for any child of the marital relationship, 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.

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

When a Divorce has actually worked, 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 approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Drummond

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 procedures the parties are required to go to, participate and make an authentic attempt in dealing with any parenting concerns at a family disagreement 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 Permission Orders. If no arrangement can be reached, even more settlements can be set up with the support of lawyer, mediators and counsellors Drummond.

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 confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court needs to concern the very best interests of the kid as the critical consideration.

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

making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum level 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, neglect or family violence; and

ensuring that children get sufficient and appropriate parenting to help them accomplish their complete potential; and

making sure that parents satisfy their responsibilities, and meet their duties, concerning the care, well-being and advancement of their children.

There are other factors that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers Drummond VIC

We are passionate about giving a specialized Family Law service Drummond 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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