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Divorce Lawyer Whittlesea VIC

Divorce Lawyer Whittlesea VIC

Accredited Family Law & Separation Specialists In Whittlesea

We understand family law. Our Family and Divorce Lawyers Whittlesea have actually represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and property division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are aiming to engage the services of a few of the best family legal representatives Whittlesea has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Whittlesea, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 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 marriage files the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no likelihood 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 exact same roof or if one has offered the other with some household services. It may be challenging to establish that separation has actually occurred in these scenarios and accordingly the Court will need proof in assistance 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in Whittlesea forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been wed for less than 2 years, the Court requires the parties to participate in 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 actually been produced any child of the marital relationship, or a child from another relationship, or a child who has 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 approved the Divorce becomes reliable one month and one day after the Order has actually been made.

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

Parenting Orders Whittlesea

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

Prior to the start of any Court procedures the parties are required to participate in, take part and make an authentic effort in dealing with any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be set up with the support of solicitor, conciliators and counsellors Whittlesea.

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 verification that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court should concern the very best interests of the kid as the vital consideration.

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

guaranteeing that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum extent consistent with the best interest of the child; and

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

ensuring that children receive sufficient and correct parenting to help them accomplish their full potential; and

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

There are other factors that the Court may take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Whittlesea VIC

We are passionate regarding giving a specialty Family Law service Whittlesea that welcomes you, understands you and shows you empathy in hard times. Find out why you can be assured of our commitment to your legal needs.

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