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Divorce Lawyer Hollands Landing VIC

Divorce Lawyer Hollands Landing VIC

Accredited Family Law & Separation Specialists In Hollands Landing

We know family law. Our Family and Divorce Lawyers Hollands Landing have actually represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular competence 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 attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are planning to engage the services of a few of the very best family legal representatives Hollands Landing has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Hollands Landing, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates 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 marriage has broken down irretrievably.

Any application for Divorce is usually filed 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 available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and suggests 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 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 residing under the exact same roof or if one has actually offered the other with some household services. It may be difficult to establish that separation has taken place in these situations and appropriately the Court will require proof in assistance 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 partner needs to regard Australia as your home, mean to live in Hollands Landing indefinitely or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has 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 have to consider that proper arrangements 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 treated as a member of that family, and under the age of 18.

Once a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.

When a Divorce has actually taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Hollands Landing

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 needed to participate in, take part and make an authentic effort in resolving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, arbitrators and counsellors Hollands Landing.

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 need verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

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

Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:

guaranteeing that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the optimum level consistent with the best interest of the kid; and

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

ensuring that kids get appropriate and correct parenting to help them achieve their full potential; and

making sure that moms and dads fulfil their duties, and meet their obligations, concerning the care, well-being and development of their children.

There are other elements that the Court may consider in any particular scenarios.

Why Choose Our Family Lawyers Hollands Landing VIC

We are passionate about offering a specialty Family Law service Hollands Landing that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal requirements.

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