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Family Law Advice Castle Donnington VIC

Family Law Advice Castle Donnington VIC

Accredited Family Law & Divorce Specialists In Castle Donnington

We understand family law. Our Family Solicitors Castle Donnington have represented numerous family law customers throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise in divorce, child custody and home division.

We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are wanting to engage the services of a few of the very best family legal representatives Castle Donnington has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Castle Donnington, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in scenarios 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 household services. It may be hard to develop that separation has happened in these circumstances and appropriately the Court will require proof in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Castle Donnington indefinitely or otherwise be able to offer evidence that you lived in Australian for at least 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 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 think about 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 household, and under the age of 18.

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

When a Divorce has taken effect, there is just a 12 month duration 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 consent to the extension and the parties have the leave of the Court.

Parenting Orders Castle Donnington

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

Prior to the commencement of any Court proceedings the parties are required to go to, get involved and make an authentic attempt in resolving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be arranged with the assistance of solicitor, arbitrators and counsellors Castle Donnington.

If no agreement 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 actually attempted a conflict 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 should relate to the best interests of the kid as the paramount consideration.

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

ensuring that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level consistent with the very best interest of the kid; and

protecting the children from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and

ensuring that children get adequate and correct parenting to help them achieve their full potential; and

ensuring that moms and dads satisfy their duties, and fulfill their obligations, concerning the care, well-being and advancement of their children.

There are other factors that the Court may consider in any specific scenarios.

Why Choose Our Family Lawyers Castle Donnington VIC

We are passionate about giving a specialty Family Law service Castle Donnington that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be assured of our dedication to your legal needs.

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