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Domestic Violence Lawyer Waverley Gardens VIC

Domestic Violence Lawyer Waverley Gardens VIC

Accredited Family Law & Divorce Specialists In Waverley Gardens

We know family law. Our Family Solicitors Waverley Gardens have actually represented hundreds of family law customers for many years and act for mums, fathers, 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 particular knowledge 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 process so that you get the very best possible result. If you are looking to engage the services of some of the very best family solicitors Waverley Gardens has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Waverley Gardens, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 broken down irretrievably.

Any application for Divorce is usually filed 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 available after a 12 month period of separation. This 12 month separation period is to be a constant period 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 handle 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 provided the other with some family services. It may be tough to establish that separation has taken place in these circumstances and accordingly the Court will require evidence in support 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Waverley Gardens indefinitely or otherwise be able to supply proof that you resided 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 needs 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 consider that correct 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 treated as a member of that family, and under the age of 18.

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

As soon as a Divorce has worked, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Waverley Gardens

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 required to attend, get involved and make a real attempt in dealing with any parenting concerns 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 contract can be reached, further negotiations can be organized with the help of solicitor, conciliators and counsellors Waverley Gardens.

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 require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court needs to concern the best interests of the kid as the critical consideration.

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

ensuring that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree constant with the very best interest of the child; and

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

guaranteeing that children get appropriate and correct parenting to assist them achieve their complete potential; and

ensuring that moms and dads fulfil their tasks, and meet their duties, concerning the care, well-being and advancement of their children.

There are other aspects that the Court may take into account in any specific situations.

Why Choose Our Domestic Violence Lawyers Waverley Gardens VIC

We are passionate regarding offering a specialized domestic violence lawyer Waverley Gardens service that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our dedication to your legal demands.

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