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Divorce Lawyer Granite Rock VIC

Divorce Lawyer Granite Rock VIC

Accredited Family Law & Separation Specialists In Granite Rock

We know family law. Our Family and Divorce Solicitors Granite Rock have represented hundreds of family law customers throughout the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular proficiency in divorce, child custody and residential or commercial property division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible outcome. If you are aiming to engage the services of some of the best family solicitors Granite Rock has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Granite Rock, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept 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 unimportant. The only ground for Divorce is that the marriage 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 just available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means 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 same roof or if one has actually offered the other with some home services. It may be hard to establish that separation has actually taken place in these scenarios and accordingly the Court will need proof in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to reside in Granite Rock indefinitely or otherwise be able to provide proof that you resided in Australian for a minimum of 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 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 need to consider that correct arrangements have been made for 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.

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

Parenting Orders Granite Rock

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

Prior to the start of any Court proceedings the parties are required to participate in, participate and make a real attempt in resolving any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be organized with the assistance of solicitor, arbitrators and counsellors Granite Rock.

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 require 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 beginning of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the vital consideration.

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

ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent consistent with the best interest of the kid; and

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

making sure that children receive appropriate and correct parenting to help them achieve their complete potential; and

ensuring that moms and dads satisfy their duties, and meet their obligations, concerning the care, welfare and advancement of their children.

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

Why Choose Our Family Lawyers Granite Rock VIC

We are passionate about giving a specialty Family Law service Granite Rock that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal requirements.

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