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Domestic Violence Lawyer Hordern Vale VIC

Domestic Violence Lawyer Hordern Vale VIC

Accredited Family Law & Divorce Specialists In Hordern Vale

We understand family law. Our Family Solicitors Hordern Vale have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are looking to engage the services of some of the very best family lawyers Hordern Vale has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Hordern Vale, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 submits the application, or a joint application where both parties file the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means 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 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 same roof or if one has offered the other with some home services. It might be hard to establish that separation has happened in these situations and appropriately 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 spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to live in Hordern Vale forever or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances 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 have to think about that proper arrangements have actually been made for any child of the marriage, 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.

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

When a Divorce has actually taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Hordern Vale

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

Prior to the beginning of any Court proceedings the parties are needed to participate in, participate and make a real effort in resolving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be organized with the support of solicitor, conciliators and counsellors Hordern Vale.

If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require 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 start of Court procedures.

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

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

ensuring that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum extent consistent with the very best interest of the kid; and

safeguarding the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and

guaranteeing that kids get sufficient and proper parenting to assist them attain their full potential; and

making sure that moms and dads satisfy their responsibilities, and meet their responsibilities, concerning the care, welfare and advancement of their children.

There are other aspects that the Court might take into account in any particular scenarios.

Why Choose Our Domestic Violence Lawyers Hordern Vale VIC

We are passionate about offering a specialty domestic violence lawyer Hordern Vale service that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be guaranteed of our dedication to your legal demands.

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