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Divorce Lawyer Echuca VIC

Divorce Lawyer Echuca VIC

Accredited Family Law & Divorce Specialists In Echuca

We know family law. Our Family and Divorce Solicitors Echuca have represented numerous family law clients throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular knowledge in divorce, child custody and home division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are looking to engage the services of a few of the best family solicitors Echuca has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Echuca, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 marital relationship submits the application, or a joint application where both parties file the application together.

An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a constant period and means 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 residing under the very same roof or if one has actually offered the other with some home services. It may be hard to develop that separation has actually taken place in these situations and accordingly the Court will require proof in support of the application.

In addition to the requirements of a duration 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 has to regard Australia as your home, mean to live in Echuca forever or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has actually been married 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 think about that appropriate plans have 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 home, and under the age of 18.

As soon as a Divorce has been given the Divorce becomes efficient 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 file an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Echuca

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

Prior to the beginning of any Court procedures the parties are needed to go to, participate and make a genuine attempt in solving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be organized with the help of lawyer, conciliators and counsellors Echuca.

If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

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

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

ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum level constant with the very best interest of the child; and

protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that kids get appropriate and appropriate parenting to help them attain their complete potential; and

ensuring that parents satisfy their tasks, and satisfy their duties, concerning the care, welfare and development of their kids.

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

Why Choose Our Family Lawyers Echuca VIC

We are passionate regarding offering a specialized Family Law service Echuca that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal demands.

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