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Divorce Lawyer Homewood VIC

Divorce Lawyer Homewood VIC

Accredited Family Law & Divorce Specialists In Homewood

We understand family law. Our Family and Divorce Solicitors Homewood have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having specific know-how 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 process so that you get the very best possible outcome. If you are looking to engage the services of some of the best family legal representatives Homewood has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Homewood, 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is typically 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 submit the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.

An application can still be made while the parties are living under the exact same roof or if one has provided the other with some family services. It may be hard to develop that separation has happened in these situations and appropriately the Court will require evidence in assistance 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 citizen 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 Homewood forever or otherwise have the ability to supply 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 needs the parties to go to 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 arrangements have 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 home, 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 actually been made.

When a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Homewood

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

Prior to the commencement of any Court procedures the parties are needed to participate in, participate and make a genuine attempt in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be arranged with the support of lawyer, conciliators and counsellors Homewood.

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 attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

In parenting matters, a Court should regard 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 fulfilled by:

guaranteeing that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree consistent with the very best interest of the child; and

safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

guaranteeing that kids get adequate and proper parenting to help them accomplish their full potential; and

ensuring that moms and dads satisfy their duties, and fulfill their obligations, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court may take into consideration in any particular situations.

Why Choose Our Family Lawyers Homewood VIC

We are passionate about offering a specialized Family Law service Homewood that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be assured of our commitment to your legal demands.

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