Call Us 1300 241 740

Divorce Lawyer Essendon VIC

Divorce Lawyer Essendon VIC

Accredited Family Law & Separation Specialists In Essendon

We know family law. Our Family and Divorce Lawyers Essendon have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are aiming to engage the services of some of the best family lawyers Essendon has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Essendon, 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is normally 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 submit the application together.

An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no possibility 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 exact same roof or if one has supplied the other with some home services. It may be difficult to develop that separation has taken place 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 spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to reside in Essendon indefinitely or otherwise have the ability to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has been wed for less than 2 years, the Court requires 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 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 treated as a member of that family, and under the age of 18.

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

As soon as a Divorce has actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Essendon

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

Prior to the start of any Court procedures the parties are required to go to, take part and make a genuine effort in resolving any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the help of solicitor, conciliators and counsellors Essendon.

If no contract can be reached beyond the court system, an individual 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 receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court needs to concern the very best interests of the child as the critical factor to consider.

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

guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level constant with the very best interest of the kid; and

safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and

guaranteeing that kids get sufficient and appropriate parenting to help them attain their full potential; and

guaranteeing that parents satisfy their duties, and satisfy their responsibilities, concerning the care, welfare and advancement of their kids.

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

Why Choose Our Family Lawyers Essendon VIC

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

Business Results 1 - 5 of 3

Glow Worm Kids Birthday Parties
2 Reviews
Professional Services
Phone:
94 Winifred St, Oak Park Victoria 3046, Australia

Chris Manak's Manic Workshops
1 Reviews
Professional Services
Phone:
53 Strickland Rd, Melbourne Victoria 3052, Australia

Melville Collectables
1 Reviews
Professional Services
Phone:
140 Melville Rd, Brunswick West Victoria 3055, Australia

 

Business Results 1 - 5 of 20
















 

About: admin2018


Call Now ButtonCall Now