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Divorce Lawyer Dundonnell VIC

Divorce Lawyer Dundonnell VIC

Accredited Family Law & Divorce Specialists In Dundonnell

We know family law. Our Family and Divorce Lawyers Dundonnell have represented numerous family law clients for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and property division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are wanting to engage the services of some of the very best family lawyers Dundonnell has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Dundonnell, the Family Law Act 1975 established 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is typically 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 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 period and indicates 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 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 same roof or if one has actually provided the other with some family services. It might be hard to develop that separation has occurred 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 spouse needs to regard Australia as your home, mean to reside in Dundonnell indefinitely or otherwise be able to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has 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 need to consider that correct plans have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.

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

Once a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Dundonnell

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.

Prior to the start of any Court procedures the parties are needed to go to, take part and make an authentic effort in dealing with any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the support of lawyer, conciliators and counsellors Dundonnell.

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 actually 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 proceedings.

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

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

guaranteeing that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum degree constant with the best interest of the kid; and

safeguarding the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and

guaranteeing that children get appropriate and proper parenting to assist them attain their complete potential; and

ensuring that parents fulfil their tasks, and fulfill their duties, concerning the care, welfare and development of their children.

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

Why Choose Our Family Lawyers Dundonnell VIC

We are passionate regarding giving a specialty Family Law service Dundonnell that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal needs.

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