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Divorce Lawyer Grovedale VIC

Divorce Lawyer Grovedale VIC

Accredited Family Law & Divorce Specialists In Grovedale

We understand family law. Our Family and Divorce Lawyers Grovedale have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and property division.

We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Grovedale 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 Grovedale, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is generally 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 only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period and suggests more than physical separation where there is no probability 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 actually not been separated for more than 12 months.

An application can still be made while the parties are living under the very same roof or if one has actually supplied the other with some home services. It might be tough to develop that separation has actually happened in these circumstances and appropriately 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 have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Grovedale indefinitely or otherwise be able to provide proof that you lived 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 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 consider that appropriate plans have actually 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 dealt with as a member of that family, and under the age of 18.

When 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 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 may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Grovedale

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

Prior to the commencement of any Court procedures the parties are required to participate in, participate and make a genuine attempt in fixing any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the help of solicitor, arbitrators and counsellors Grovedale.

If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

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

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

making sure that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level constant with the best interest of the kid; and

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

ensuring that children receive sufficient and proper parenting to help them attain their complete potential; and

guaranteeing that parents fulfil their duties, and satisfy their obligations, concerning the care, welfare and development of their children.

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

Why Choose Our Family Lawyers Grovedale VIC

We are passionate regarding offering a specialty Family Law service Grovedale that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our commitment to your legal needs.

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