Call Us 1300 241 740

Divorce Lawyer West Melbourne VIC

Divorce Lawyer West Melbourne VIC

Accredited Family Law & Separation Specialists In West Melbourne

We know family law. Our Family and Divorce Lawyers West Melbourne have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, 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 a few of the best family solicitors West Melbourne has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In West Melbourne, the Family Law Act 1975 developed 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 accusations of adultery, violence or abandonment 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 submits the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a constant duration 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 supplied the other with some family services. It may be tough to establish that separation has taken place in these situations and appropriately the Court will need evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in West Melbourne forever or otherwise have the ability to supply 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 actually been wed for less than 2 years, the Court requires 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 appropriate arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.

Once a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.

When a Divorce has actually taken effect, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders West Melbourne

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

Prior to the beginning of any Court proceedings the parties are needed to participate in, get involved and make a genuine attempt in resolving any parenting concerns at a family disagreement 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 Permission Orders. If no arrangement can be reached, even more settlements can be organized with the help of solicitor, arbitrators and counsellors West Melbourne.

If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should relate to the very best interests of the child as the vital factor to consider.

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

ensuring that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum degree consistent with the very best interest of the child; and

safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and

ensuring that children receive adequate and proper parenting to help them accomplish their full potential; and

guaranteeing that moms and dads satisfy their tasks, and meet their obligations, concerning the care, well-being and advancement of their children.

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

Why Choose Our Family Lawyers West Melbourne VIC

We are passionate about offering a specialty Family Law service West Melbourne that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal needs.

Business Results 1 - 5 of 9

ELLINGHAUS WEILL LAWYERS & CONSULTANTS
1 Reviews
Real Estate Law
Phone:
79 - 81 Franklin Street, Melbourne VIC 3000, Melbourne Victoria 3000, Australia

Earl & Associates
1 Reviews
Lawyers
Phone:
83 William St, Level 2, Melbourne Victoria 3000, Australia

Paul Reynolds
1 Reviews
General Litigation
Phone:
Level 9, 555 Lonsdale St, Melbourne Victoria 3000, Australia

Henry Carus & Associates
3 Reviews
Personal Injury Law, Legal Services
Phone:
Level 11, 607 Bourke St, Melbourne Victoria 3000, Australia

Provey Conveyancing
1 Reviews
Lawyers
Phone:
459 Collins St, #11, Melbourne Victoria 3000, Australia

 
 

About: admin2018


Call Now ButtonCall Now