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Divorce Lawyer Fernshaw VIC

Divorce Lawyer Fernshaw VIC

Accredited Family Law & Divorce Specialists In Fernshaw

We know family law. Our Family and Divorce Solicitors Fernshaw have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are looking to engage the services of some of the very best family solicitors Fernshaw has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Fernshaw, 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 irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is generally 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 submit 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 duration and indicates more than physical separation where there is no likelihood 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 very same roof or if one has provided the other with some home services. It might be hard to establish that separation has actually happened in these situations and appropriately 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 partner will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in Fernshaw forever or otherwise be able to supply proof that you resided 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 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 home, and under the age of 18.

When a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.

When a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Fernshaw

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 commencement of any Court procedures the parties are required to attend, take part and make an authentic attempt in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be arranged with the assistance of solicitor, arbitrators and counsellors Fernshaw.

If no agreement can be reached outside of 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 disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.

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

Inning accordance with area 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 moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the child; and

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

making sure that children receive adequate and proper parenting to assist them accomplish their full potential; and

making sure that moms and dads fulfil their duties, and satisfy their duties, concerning the care, welfare and advancement of their children.

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

Why Choose Our Family Lawyers Fernshaw VIC

We are passionate about offering a specialized Family Law service Fernshaw that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.

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