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Domestic Violence Lawyer Terang VIC

Domestic Violence Lawyer Terang VIC

Accredited Family Law & Divorce Specialists In Terang

We know family law. Our Family Solicitors Terang have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are wanting to engage the services of some of the very best family solicitors Terang has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Terang, 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 irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is generally 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 offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 living under the same roof or if one has actually offered the other with some home services. It might be hard to develop that separation has actually occurred in these circumstances and accordingly 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Terang forever 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 actually been married 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 think about that proper arrangements have been produced 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 home, and under the age of 18.

When a Divorce has actually been given 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 in which to file an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Terang

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

Prior to the commencement of any Court proceedings the parties are required to attend, participate and make a real attempt in fixing any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be arranged with the assistance of solicitor, conciliators and counsellors Terang.

If no arrangement 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 obtaining this Certificate prior to the beginning of Court proceedings.

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

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

guaranteeing that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum degree consistent with the very best interest of the kid; and

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

guaranteeing that children receive appropriate and correct parenting to help them attain their complete potential; and

making sure that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, welfare and advancement of their children.

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

Why Choose Our Domestic Violence Lawyers Terang VIC

We are passionate about providing a specialized domestic violence lawyer Terang service that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our dedication to your legal demands.

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