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Domestic Violence Lawyer Watergardens VIC

Domestic Violence Lawyer Watergardens VIC

Accredited Family Law & Divorce Specialists In Watergardens

We understand family law. Our Family Solicitors Watergardens have represented numerous family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific expertise in divorce, child custody and home division.

We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of some of the very best family lawyers Watergardens has to offer, then look no further. 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 marital relationship.

In Watergardens, 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 unimportant. The only ground for Divorce is that the marriage 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 only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and suggests 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 very same roof or if one has offered the other with some home services. It may be challenging to establish that separation has taken place in these situations and accordingly the Court will need proof in support of the application.

In addition to the requirements of a duration 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, intend to reside in Watergardens forever or otherwise have the ability to provide evidence 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 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 need to consider that correct arrangements 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.

Once a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has been made.

Once a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Watergardens

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

Prior to the start of any Court proceedings the parties are needed to participate in, get involved and make an authentic attempt in solving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be set up with the help of solicitor, conciliators and counsellors Watergardens.

If no agreement can be reached outside of the court system, a person may 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 commencement of Court procedures.

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

Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum degree consistent with the best interest of the child; and

securing the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and

making sure that children get appropriate and proper parenting to assist them attain their complete potential; and

guaranteeing that parents satisfy their tasks, and meet their duties, concerning the care, welfare and advancement of their children.

There are other elements that the Court may consider in any specific circumstances.

Why Choose Our Domestic Violence Lawyers Watergardens VIC

We are passionate regarding giving a specialty domestic violence lawyer Watergardens service that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal requirements.

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