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Divorce Lawyer Durdidwarrah VIC

Divorce Lawyer Durdidwarrah VIC

Accredited Family Law & Divorce Specialists In Durdidwarrah

We know family law. Our Family and Divorce Solicitors Durdidwarrah have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and property division.

We are committed to assisting you settle your matter as rapidly 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 wanting to engage the services of some of the very best family solicitors Durdidwarrah has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Durdidwarrah, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually 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 marriage files the application, or a joint application where both parties submit the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no likelihood 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 not been separated for more than 12 months.

An application can still be made while the parties are residing under the same roof or if one has provided the other with some home services. It may be difficult to develop that separation has occurred in these circumstances and accordingly the Court will require 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Durdidwarrah forever or otherwise be able to offer evidence that you resided in Australian for at least 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 have to think about that correct arrangements have 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.

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

As soon as 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 circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Durdidwarrah

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

Prior to the start of any Court proceedings the parties are required to go to, take part and make a genuine effort in resolving any parenting problems at a family disagreement resolution conference. Following conclusion 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 agreement can be reached, even more settlements can be set up with the assistance of solicitor, conciliators and counsellors Durdidwarrah.

If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute 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 concern the very best interests of the kid as the paramount factor to consider.

Inning accordance with 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 meaningful involvement in their lives, to the optimum level consistent with the best interest of the kid; and

protecting the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and

guaranteeing that kids get adequate and appropriate parenting to assist them accomplish their full potential; and

ensuring that moms and dads satisfy their duties, and meet their responsibilities, concerning the care, well-being and advancement of their kids.

There are other factors that the Court may take into consideration in any specific circumstances.

Why Choose Our Family Lawyers Durdidwarrah VIC

We are passionate about providing a specialty Family Law service Durdidwarrah that welcomes you, understands you and shows you empathy in tough times. Find out why you can be assured of our commitment to your legal demands.

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