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Domestic Violence Lawyer Tempy VIC

Domestic Violence Lawyer Tempy VIC

Accredited Family Law & Separation Specialists In Tempy

We understand family law. Our Family Lawyers Tempy have actually represented hundreds of family law clients for many years and act for mums, dads, grandmas, 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 expertise in divorce, child custody and home division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are looking to engage the services of some of the best family lawyers Tempy has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Tempy, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has 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 marriage files the application, or a joint application where both parties submit the application together.

An application for Divorce is just available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no probability 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 very same roof or if one has actually supplied the other with some household services. It might be tough to establish 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 period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Tempy indefinitely or otherwise have the ability to provide 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 actually been wed for less than 2 years, the Court requires 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 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 family, and under the age of 18.

Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has actually been made.

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

Parenting Orders Tempy

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 commencement of any Court proceedings the parties are required to participate in, get involved and make a genuine attempt in solving any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of solicitor, mediators and counsellors Tempy.

If no contract can be reached beyond the court system, an individual might 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 getting this Certificate prior to the beginning of Court procedures.

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

Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

ensuring that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the best interest of the kid; and

protecting the children from physical and psychological harm 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 accomplish their complete potential; and

ensuring that moms and dads fulfil their responsibilities, and fulfill their responsibilities, concerning the care, well-being and development of their children.

There are other elements that the Court might consider in any specific scenarios.

Why Choose Our Domestic Violence Lawyers Tempy VIC

We are passionate regarding offering a specialized domestic violence lawyer Tempy service that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be assured of our dedication to your legal demands.

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