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Domestic Violence Lawyer Heidelberg West VIC

Domestic Violence Lawyer Heidelberg West VIC

Accredited Family Law & Separation Specialists In Heidelberg West

We know family law. Our Family Lawyers Heidelberg West have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, 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 specific know-how in divorce, child custody and residential or commercial property division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are wanting to engage the services of a few of the very best family lawyers Heidelberg West has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Heidelberg West, 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 unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.

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

The application can be opposed in circumstances 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 supplied the other with some home services. It might be hard to establish that separation has actually taken place in these situations 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 spouse needs to regard Australia as your home, mean to live in Heidelberg West indefinitely or otherwise have the ability to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has actually been married for less than 2 years, the Court needs 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 consider that proper plans have actually been produced 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 family, and under the age of 18.

As soon as a Divorce has been given the Divorce ends up being 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 may be given in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Heidelberg West

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

Prior to the beginning of any Court procedures the parties are needed to go to, get involved and make a real effort in solving any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of lawyer, conciliators and counsellors Heidelberg West.

If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation 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 commencement of Court procedures.

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

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

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

protecting the children from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that kids get appropriate and appropriate parenting to help them attain their full potential; and

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

There are other factors that the Court might take into consideration in any specific situations.

Why Choose Our Domestic Violence Lawyers Heidelberg West VIC

We are passionate regarding giving a specialty domestic violence lawyer Heidelberg West service that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal demands.

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