Call Us 1300 241 740

Domestic Violence Lawyer Tooan VIC

Domestic Violence Lawyer Tooan VIC

Accredited Family Law & Divorce Specialists In Tooan

We understand family law. Our Family Solicitors Tooan have actually represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific 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 attainable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are looking to engage the services of some of the best family legal representatives Tooan has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Tooan, the Family Law Act 1975 established 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage 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 only offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and indicates more than physical separation where there is no likelihood 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 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 provided the other with some home services. It may be challenging to develop that separation has taken place in these scenarios and accordingly the Court will need 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 have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Tooan forever or otherwise be able to offer evidence that you lived in Australian for a minimum of 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 need 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 treated as a member of that home, and under the age of 18.

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

When a Divorce has actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Tooan

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 beginning of any Court procedures the parties are required to participate in, get involved and make an authentic effort in resolving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be set up with the assistance of lawyer, mediators and counsellors Tooan.

If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have attempted a conflict resolution conference and are in invoice 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 vital consideration.

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

ensuring that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent constant with the best interest of the kid; and

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

ensuring that children receive adequate and proper parenting to assist them achieve their complete potential; and

making sure that parents satisfy their duties, and meet their responsibilities, concerning the care, well-being and development of their children.

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

Why Choose Our Domestic Violence Lawyers Tooan VIC

We are passionate about providing a specialty domestic violence lawyer Tooan service that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now