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Domestic Violence Lawyer Tinamba VIC

Domestic Violence Lawyer Tinamba VIC

Accredited Family Law & Separation Specialists In Tinamba

We understand family law. Our Family Solicitors Tinamba have represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.

We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are wanting to engage the services of some of the best family solicitors Tinamba has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Tinamba, the Family Law Act 1975 developed 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 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 continuous duration and indicates 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 not been separated for more than 12 months.

An application can still be made while the parties are living under the exact same roof or if one has provided the other with some household services. It may be hard to develop that separation has taken place in these circumstances and accordingly the Court will require proof in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Tinamba indefinitely or otherwise have the ability to offer proof that you resided 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 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 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 dealt with as a member of that household, and under the age of 18.

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

As soon as a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. 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 Tinamba

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

Prior to the commencement of any Court proceedings the parties are needed to attend, get involved and make a genuine attempt in fixing any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be arranged with the help of lawyer, arbitrators and counsellors Tinamba.

If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court should concern the very best interests of the child as the critical consideration.

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

guaranteeing that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the best interest of the child; and

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

making sure that kids get appropriate and appropriate parenting to help them accomplish their complete potential; and

guaranteeing that parents satisfy their duties, and meet their responsibilities, concerning the care, welfare and development of their kids.

There are other elements that the Court may take into consideration in any specific situations.

Why Choose Our Domestic Violence Lawyers Tinamba VIC

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

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