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Divorce Lawyer Whitfield VIC

Divorce Lawyer Whitfield VIC

Accredited Family Law & Divorce Specialists In Whitfield

We know family law. Our Family and Divorce Lawyers Whitfield have actually represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency 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 skillfully throughout the Court procedure so that you get the very best possible outcome. If you are planning to engage the services of a few of the best family legal representatives Whitfield has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Whitfield, 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 allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually 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 files the application, or a joint application where both parties submit the application together.

An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no possibility of reconciliation.

The application can be opposed in situations 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 very same roof or if one has actually provided the other with some family services. It may be difficult to establish that separation has occurred in these situations and accordingly the Court will need evidence in assistance 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to reside in Whitfield forever or otherwise be able to provide 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 been wed for less than 2 years, the Court needs the parties to attend 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 proper 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 family, and under the age of 18.

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

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

Parenting Orders Whitfield

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

Prior to the start of any Court procedures the parties are required to attend, get involved and make a real effort in resolving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be organized with the help of solicitor, mediators and counsellors Whitfield.

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 getting this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court needs to regard the very best interests of the child as the paramount consideration.

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

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

securing the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and

guaranteeing that children get appropriate and correct parenting to help them accomplish their complete potential; and

ensuring that parents fulfil their duties, and fulfill their duties, concerning the care, well-being and advancement of their children.

There are other factors that the Court might consider in any specific circumstances.

Why Choose Our Family Lawyers Whitfield VIC

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

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