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Divorce Lawyer Invermay Park VIC

Divorce Lawyer Invermay Park VIC

Accredited Family Law & Separation Specialists In Invermay Park

We understand family law. Our Family and Divorce Lawyers Invermay Park have actually represented numerous family law clients for many 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 elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are planning to engage the services of some of the best family lawyers Invermay Park has to offer, then look no more. 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 Invermay Park, 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 adultery, 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 files the application, or a joint application where both parties file the application together.

An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and indicates 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 handle 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 living under the same roof or if one has offered the other with some home services. It may be difficult to develop that separation has taken place in these circumstances and accordingly the Court will need proof in support 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to live in Invermay Park 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 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 need to consider that correct arrangements have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.

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

As soon as a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Invermay Park

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 procedures the parties are required to participate in, participate and make an authentic effort in solving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be organized with the support of lawyer, conciliators and counsellors Invermay Park.

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

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

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

making sure that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum level consistent with the best interest of the child; and

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

making sure that kids receive appropriate and appropriate parenting to help them attain their full potential; and

making sure that parents fulfil their tasks, and meet their duties, concerning the care, well-being and advancement of their children.

There are other aspects that the Court may take into consideration in any specific circumstances.

Why Choose Our Family Lawyers Invermay Park VIC

We are passionate about offering a specialty Family Law service Invermay Park that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be assured of our dedication to your legal demands.

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