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Divorce Lawyer West Footscray VIC

Divorce Lawyer West Footscray VIC

Accredited Family Law & Separation Specialists In West Footscray

We understand family law. Our Family and Divorce Solicitors West Footscray have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific know-how in divorce, child custody and 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 acquire the very best possible outcome. If you are planning to engage the services of some of the best family lawyers West Footscray has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In West Footscray, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests 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 marital relationship has broken down irretrievably.

Any application for Divorce is typically 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 duration of separation. This 12 month separation period is to be a continuous period and means 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 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 household services. It might be difficult to establish that separation has occurred in these circumstances and accordingly the Court will require 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to live in West Footscray forever or otherwise have the ability to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In instances 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 think about that correct arrangements have been made for any child of the marital relationship, 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.

When a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has been made.

As soon as a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders West Footscray

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

Prior to the commencement of any Court proceedings the parties are required to participate in, get involved and make a real effort in resolving any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be arranged with the help of solicitor, mediators and counsellors West Footscray.

If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.

In parenting matters, a Court should regard the very best interests of the kid as the paramount factor to consider.

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

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

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

making sure that children get adequate and correct parenting to assist them achieve their complete potential; and

guaranteeing that moms and dads fulfil their duties, and meet their duties, concerning the care, welfare and development of their children.

There are other aspects that the Court might consider in any particular situations.

Why Choose Our Family Lawyers West Footscray VIC

We are passionate regarding offering a specialized Family Law service West Footscray that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal requirements.

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