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Domestic Violence Lawyer Upper Ferntree Gully VIC

Domestic Violence Lawyer Upper Ferntree Gully VIC

Accredited Family Law & Divorce Specialists In Upper Ferntree Gully

We know family law. Our Family Solicitors Upper Ferntree Gully have actually represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular knowledge in divorce, child custody and home division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the very best possible outcome. If you are wanting to engage the services of some of the best family lawyers Upper Ferntree Gully has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Upper Ferntree Gully, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is usually 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 file the application together.

An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and means more than physical separation where there is no probability 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 actually 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 offered the other with some family services. It might be challenging to establish that separation has taken place in these circumstances and appropriately the Court will need proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident 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 Upper Ferntree Gully forever or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been married for less than 2 years, the Court requires the parties to go to 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 plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.

When a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has been made.

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

Parenting Orders Upper Ferntree Gully

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

Prior to the start of any Court procedures the parties are required to participate in, participate and make an authentic attempt in fixing any parenting issues at a family dispute resolution conference. Following completion 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 agreement can be reached, even more negotiations can be set up with the help of solicitor, mediators and counsellors Upper Ferntree Gully.

If no contract 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 actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.

In parenting matters, a Court needs to relate to the very best interests of the kid as the vital factor to consider.

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

guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the kid; and

protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

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

guaranteeing that moms and dads satisfy their responsibilities, and meet their duties, concerning the care, welfare and advancement of their kids.

There are other aspects that the Court may take into consideration in any particular situations.

Why Choose Our Domestic Violence Lawyers Upper Ferntree Gully VIC

We are passionate regarding giving a specialized domestic violence lawyer Upper Ferntree Gully service that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal demands.

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1182 Burwood Hwy, Suite 5, Upper Ferntree Gully Victoria 3156, Australia

 

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