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Domestic Violence Lawyer Victoria Valley VIC

Domestic Violence Lawyer Victoria Valley VIC

Accredited Family Law & Separation Specialists In Victoria Valley

We understand family law. Our Family Solicitors Victoria Valley 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 knowledge in divorce, child custody and residential or commercial property division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible outcome. If you are looking to engage the services of some of the very best family legal representatives Victoria Valley 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 marital relationship.

In Victoria Valley, 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 allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period 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 residing under the very same roof or if one has provided the other with some family services. It might be difficult to develop that separation has taken place in these circumstances and appropriately the Court will need evidence in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Victoria Valley forever or otherwise be able to supply 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 been wed for less than 2 years, the Court requires 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 need to consider that correct arrangements have 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 family, and under the age of 18.

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

Once a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Victoria Valley

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

Prior to the start of any Court procedures the parties are required to participate in, get involved and make an authentic effort in solving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be organized with the support of lawyer, mediators and counsellors Victoria Valley.

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 confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court must relate to the very best interests of the kid as the vital 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 benefit of both of their moms and dads having a significant participation in their lives, to the maximum extent consistent with the very 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

guaranteeing that kids receive appropriate and appropriate parenting to help them accomplish their full potential; and

ensuring that parents fulfil their tasks, and fulfill their duties, concerning the care, welfare and development of their children.

There are other factors that the Court might take into consideration in any specific circumstances.

Why Choose Our Domestic Violence Lawyers Victoria Valley VIC

We are passionate about giving a specialized domestic violence lawyer Victoria Valley service that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal requirements.

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