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Divorce Lawyer Gannawarra VIC

Divorce Lawyer Gannawarra VIC

Accredited Family Law & Divorce Specialists In Gannawarra

We know family law. Our Family and Divorce Solicitors Gannawarra have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and home division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are aiming to engage the services of some of the very best family lawyers Gannawarra has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Gannawarra, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually 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 file 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 period and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios 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 exact same roof or if one has offered the other with some household services. It might be difficult to establish that separation has actually happened in these scenarios 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Gannawarra forever or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has 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 need to consider that appropriate arrangements have been made for any child of the marriage, 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.

Once a Divorce has actually been granted 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 where to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Gannawarra

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

Prior to the commencement of any Court procedures the parties are needed to go to, get involved and make an authentic effort in solving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be organized with the support of lawyer, mediators and counsellors Gannawarra.

If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation 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 beginning of Court procedures.

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

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

guaranteeing that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the very best interest of the child; and

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

ensuring that children receive adequate and proper parenting to assist them achieve their complete potential; and

guaranteeing that parents satisfy their tasks, and meet their obligations, concerning the care, well-being and development of their children.

There are other factors that the Court may consider in any specific situations.

Why Choose Our Family Lawyers Gannawarra VIC

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

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