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Divorce Lawyer Grantville VIC

Divorce Lawyer Grantville VIC

Accredited Family Law & Divorce Specialists In Grantville

We understand family law. Our Family and Divorce Solicitors Grantville have represented hundreds of family law customers 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 solicitors can represent you in all elements of family law, having specific know-how 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 achievable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are looking to engage the services of a few of the very best family solicitors Grantville has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Grantville, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is typically submitted 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 file the application together.

An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 offered the other with some home services. It may be hard to establish that separation has actually occurred in these circumstances and accordingly the Court will need evidence 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Grantville indefinitely or otherwise have the ability to offer evidence 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 have to consider that appropriate plans have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.

When a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.

As soon as a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Grantville

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 proceedings the parties are needed to participate in, get involved and make an authentic effort in dealing with 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 contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be set up with the assistance of solicitor, conciliators and counsellors Grantville.

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

In parenting matters, a Court must concern the very best interests of the kid as the critical consideration.

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

ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree constant with the very best interest of the child; and

protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

making sure that kids receive sufficient and correct parenting to assist them accomplish their complete potential; and

ensuring that moms and dads satisfy their duties, and fulfill their duties, concerning the care, welfare and development of their kids.

There are other factors that the Court may take into account in any particular situations.

Why Choose Our Family Lawyers Grantville VIC

We are passionate about giving a specialty Family Law service Grantville that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal demands.

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