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Divorce Lawyer Elwood VIC

Divorce Lawyer Elwood VIC

Accredited Family Law & Separation Specialists In Elwood

We understand family law. Our Family and Divorce Solicitors Elwood have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.

We are committed 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 process so that you get the best possible result. If you are seeking to engage the services of a few of the best family legal representatives Elwood has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Elwood, 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 abandonment 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 just offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests 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 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 home services. It might be tough to develop that separation has taken place in these situations and appropriately the Court will require 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 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, intend to reside in Elwood indefinitely or otherwise be able to provide proof that you resided 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 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 consider that correct arrangements have actually 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 treated as a member of that family, and under the age of 18.

Once a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has been made.

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

Parenting Orders Elwood

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

Prior to the start of any Court procedures the parties are needed to attend, take part and make a real attempt in dealing with any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be arranged with the help of lawyer, mediators and counsellors Elwood.

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 need verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.

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

Inning accordance with area 60B of the Family Law Act 1975, the 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 involvement in their lives, to the maximum degree constant with the best interest of the child; and

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

guaranteeing that kids get adequate and appropriate parenting to help them achieve their complete potential; and

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

There are other factors that the Court might consider in any particular circumstances.

Why Choose Our Family Lawyers Elwood VIC

We are passionate regarding providing a specialty Family Law service Elwood that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal requirements.

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