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Domestic Violence Lawyer Tarrawarra VIC

Domestic Violence Lawyer Tarrawarra VIC

Accredited Family Law & Divorce Specialists In Tarrawarra

We know family law. Our Family Lawyers Tarrawarra have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are aiming to engage the services of some of the best family legal representatives Tarrawarra has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Tarrawarra, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is generally 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 readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and implies 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 exact same roof or if one has provided the other with some household services. It might be tough to establish that separation has actually occurred in these scenarios and appropriately the Court will require evidence in support 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 person 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 Tarrawarra indefinitely or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been married 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 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 actually or was adopted or who is dealt with 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 been made.

When a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period may be approved in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Tarrawarra

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

Prior to the commencement of any Court proceedings the parties are needed to participate in, take part and make a real attempt in dealing with any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the support of lawyer, mediators and counsellors Tarrawarra.

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 verification that the parties have 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 very best interests of the child as the paramount factor to consider.

According to area 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 parents having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the child; and

securing the kids from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and

ensuring that children receive adequate and proper parenting to help them achieve their full potential; and

ensuring that parents fulfil their responsibilities, and meet their duties, concerning the care, welfare and development of their children.

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

Why Choose Our Domestic Violence Lawyers Tarrawarra VIC

We are passionate regarding providing a specialty domestic violence lawyer Tarrawarra service that welcomes you, understands you and shows you empathy in hard times. Learn why you can be guaranteed of our dedication to your legal needs.

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