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Domestic Violence Lawyer Winchelsea South VIC

Domestic Violence Lawyer Winchelsea South VIC

Accredited Family Law & Divorce Specialists In Winchelsea South

We understand family law. Our Family Solicitors Winchelsea South have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are wanting to engage the services of a few of the best family lawyers Winchelsea South has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Winchelsea South, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is typically submitted 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 file 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 continuous period and suggests 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 exact same roof or if one has actually supplied the other with some household services. It may be challenging to develop that separation has happened 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 partner will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Winchelsea South forever or otherwise be able to provide evidence 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 wed for less than 2 years, the Court needs 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 correct plans have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.

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

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

Parenting Orders Winchelsea South

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 beginning of any Court proceedings the parties are required to attend, take part and make a real effort in dealing with any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the regards to that contract 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, arbitrators and counsellors Winchelsea South.

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 actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court must concern the very best interests of the child as the vital factor to consider.

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

guaranteeing that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the child; and

safeguarding the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that kids get adequate and appropriate parenting to assist them achieve their complete potential; and

ensuring that parents fulfil their duties, and fulfill their responsibilities, concerning the care, well-being and advancement of their kids.

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

Why Choose Our Domestic Violence Lawyers Winchelsea South VIC

We are passionate about providing a specialized domestic violence lawyer Winchelsea South service that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal requirements.

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