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Divorce Lawyer Greenvale VIC

Divorce Lawyer Greenvale VIC

Accredited Family Law & Divorce Specialists In Greenvale

We know family law. Our Family and Divorce Solicitors Greenvale have actually represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge 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 expertly throughout the Court process so that you acquire the very best possible result. If you are aiming to engage the services of a few of the best family solicitors Greenvale has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Greenvale, 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 infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 only readily available after a 12 month period of separation. This 12 month separation period is to be a constant 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 handle 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 supplied the other with some family services. It might be challenging to develop that separation has taken place 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 partner 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, mean to live in Greenvale indefinitely or otherwise have the ability to offer 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 wed for less than 2 years, the Court requires 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 think about that proper 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.

As soon as a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has been made.

As soon as a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be given in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Greenvale

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

Prior to the commencement of any Court proceedings the parties are required to attend, participate and make a real effort in solving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be set up with the assistance of solicitor, mediators and counsellors Greenvale.

If no arrangement can be reached beyond the court system, a person might 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 getting this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should concern the best interests of the kid as the vital consideration.

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

guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the best interest of the kid; and

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

ensuring that children receive sufficient and appropriate parenting to assist them accomplish their complete potential; and

ensuring that parents satisfy their responsibilities, and satisfy their duties, concerning the care, welfare and development of their kids.

There are other elements that the Court might take into consideration in any particular situations.

Why Choose Our Family Lawyers Greenvale VIC

We are passionate about giving a specialty Family Law service Greenvale that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be assured of our dedication to your legal needs.

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