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Divorce Lawyer Dunkeld VIC

Divorce Lawyer Dunkeld VIC

Accredited Family Law & Separation Specialists In Dunkeld

We understand family law. Our Family and Divorce Solicitors Dunkeld have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific competence in divorce, child custody and home division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are wanting to engage the services of some of the very best family solicitors Dunkeld has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Dunkeld, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 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 submits the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.

An application can still be made while the parties are residing under the exact same roof or if one has supplied the other with some family services. It might be difficult to develop that separation has happened in these circumstances and appropriately the Court will need evidence in assistance of the application.

In addition to the requirements of a period 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 established, you or your spouse needs to regard Australia as your home, mean to reside in Dunkeld forever or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has been wed for less than 2 years, the Court needs 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 consider that appropriate plans have 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 dealt with as a member of that family, and under the age of 18.

As soon as a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.

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

Parenting Orders Dunkeld

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

Prior to the start of any Court proceedings the parties are needed to participate in, take part and make a genuine attempt in fixing any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract 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 set up with the support of solicitor, conciliators and counsellors Dunkeld.

If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

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

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

ensuring that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum extent consistent with the best interest of the kid; and

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

guaranteeing that kids get appropriate and correct parenting to assist them achieve their complete potential; and

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

There are other elements that the Court may consider in any particular circumstances.

Why Choose Our Family Lawyers Dunkeld VIC

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

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