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Divorce Lawyer Greta West VIC

Divorce Lawyer Greta West VIC

Accredited Family Law & Separation Specialists In Greta West

We know family law. Our Family and Divorce Solicitors Greta West have actually represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and residential or commercial property division.

We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are planning to engage the services of a few of the best family lawyers Greta West 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 marital relationship.

In Greta West, the Family Law Act 1975 established 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 abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no possibility 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 living under the same roof or if one has actually provided the other with some home services. It might be difficult to develop that separation has occurred in these scenarios and accordingly the Court will require 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 need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Greta West forever or otherwise be able to offer proof that you lived 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 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 have to think about that proper plans have been made for any child of the marriage, 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.

Once 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 taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Greta West

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

Prior to the beginning of any Court proceedings the parties are required to participate in, take part and make an authentic attempt in resolving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the support of solicitor, mediators and counsellors Greta West.

If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

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

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

guaranteeing that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the very best interest of the kid; and

safeguarding the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and

making sure that kids get sufficient and appropriate parenting to assist them attain their complete potential; and

making sure that moms and dads fulfil their responsibilities, and fulfill their duties, concerning the care, welfare and development of their kids.

There are other factors that the Court might consider in any particular scenarios.

Why Choose Our Family Lawyers Greta West VIC

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

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