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Domestic Violence Lawyer Hopetoun Park VIC

Domestic Violence Lawyer Hopetoun Park VIC

Accredited Family Law & Divorce Specialists In Hopetoun Park

We know family law. Our Family Lawyers Hopetoun Park have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements 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 rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Hopetoun Park has to offer, then look no further. When engaging among our experts, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Hopetoun Park, the Family Law Act 1975 established 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 desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is usually submitted 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 submit 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 duration and means 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 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 residing under the exact same roof or if one has supplied the other with some home services. It may be difficult to develop that separation has occurred in these circumstances and appropriately 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 need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Hopetoun Park forever or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been married 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 have to consider that appropriate arrangements have been made for 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 household, and under the age of 18.

As soon as a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has been made.

Once a Divorce has actually taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. 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 Hopetoun Park

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

Prior to the beginning of any Court procedures the parties are required to participate in, take part and make an authentic effort in resolving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be set up with the support of lawyer, conciliators and counsellors Hopetoun Park.

If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.

In parenting matters, a Court must regard the very best interests of the kid as the paramount consideration.

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

guaranteeing that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interest of the kid; and

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

making sure that children get adequate and correct parenting to help them achieve their full potential; and

ensuring that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court may take into account in any specific circumstances.

Why Choose Our Domestic Violence Lawyers Hopetoun Park VIC

We are passionate about giving a specialty domestic violence lawyer Hopetoun Park service that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal needs.

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