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Divorce Lawyer Frankston Heights VIC

Divorce Lawyer Frankston Heights VIC

Accredited Family Law & Divorce Specialists In Frankston Heights

We understand family law. Our Family and Divorce Solicitors Frankston Heights have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the best possible result. If you are planning to engage the services of some of the very best family solicitors Frankston Heights has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Frankston Heights, the Family Law Act 1975 developed 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 accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 files 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 continuous period and implies more than physical separation where there is no likelihood 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 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 provided the other with some home services. It may be tough to develop that separation has actually taken place in these situations and accordingly the Court will require evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia person 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 Frankston Heights indefinitely or otherwise be able to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances 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 think about that appropriate plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.

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

Once a Divorce has actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Frankston Heights

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

Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a real attempt in resolving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be set up with the assistance of solicitor, mediators and counsellors Frankston Heights.

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 need verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

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

Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

making sure that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree constant with the very best interest of the kid; and

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

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

making sure that moms and dads fulfil their tasks, and meet their duties, concerning the care, welfare and development of their children.

There are other elements that the Court may take into account in any particular circumstances.

Why Choose Our Family Lawyers Frankston Heights VIC

We are passionate about offering a specialized Family Law service Frankston Heights that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be guaranteed of our dedication to your legal needs.

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379B Nepean Hwy, Frankston Victoria 3199, Australia

 

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