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Divorce Lawyer Guys Hill VIC

Divorce Lawyer Guys Hill VIC

Accredited Family Law & Separation Specialists In Guys Hill

We understand family law. Our Family and Divorce Solicitors Guys Hill have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandfathers, married 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 property division.

We are dedicated to helping you settle your matter as quickly 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 outcome. If you are looking to engage the services of a few of the very best family lawyers Guys Hill has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Guys Hill, 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is normally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 constant period 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 provided the other with some home services. It might be challenging to establish that separation has actually taken place in these situations and appropriately the Court will need evidence in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Guys Hill forever or otherwise have the ability to provide 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 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 plans have actually been produced 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 family, and under the age of 18.

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

When a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Guys Hill

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 start of any Court proceedings the parties are required to attend, get involved and make a genuine effort in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the support of lawyer, arbitrators and counsellors Guys Hill.

If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.

In parenting matters, a Court needs to concern the very best interests of the child as the critical factor to consider.

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

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

securing 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 correct parenting to assist them achieve their full potential; and

ensuring that parents fulfil their responsibilities, and fulfill their obligations, concerning the care, well-being and advancement of their children.

There are other factors that the Court may take into account in any specific circumstances.

Why Choose Our Family Lawyers Guys Hill VIC

We are passionate regarding giving a specialized Family Law service Guys Hill that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal needs.

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