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Divorce Lawyer Fawkner VIC

Divorce Lawyer Fawkner VIC

Accredited Family Law & Divorce Specialists In Fawkner

We know family law. Our Family and Divorce Solicitors Fawkner have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.

We are dedicated 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 get the best possible outcome. If you are looking to engage the services of some of the very best family legal representatives Fawkner has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Fawkner, 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 unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no possibility of reconciliation.

The application can be opposed in scenarios 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 same roof or if one has actually offered the other with some household services. It may be tough to develop that separation has happened in these scenarios and accordingly 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to reside in Fawkner 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 instances 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 have to think about that appropriate arrangements have actually 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 household, and under the age of 18.

As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.

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

Parenting Orders Fawkner

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

Prior to the commencement of any Court procedures the parties are required to attend, get involved and make a genuine effort in fixing any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be arranged with the support of lawyer, conciliators and counsellors Fawkner.

If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to relate to the very best interests of the kid as the paramount consideration.

Inning accordance with area 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 degree consistent with the very best interest of the kid; and

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

guaranteeing that children receive appropriate and proper parenting to help them accomplish their full potential; and

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

There are other aspects that the Court may take into consideration in any particular situations.

Why Choose Our Family Lawyers Fawkner VIC

We are passionate about offering a specialty Family Law service Fawkner that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal requirements.

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