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Family Law Advice Chelsea Heights VIC

Family Law Advice Chelsea Heights VIC

Accredited Family Law & Separation Specialists In Chelsea Heights

We know family law. Our Family Lawyers Chelsea Heights have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular competence in divorce, child custody and property division.

We are dedicated 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 outcome. If you are looking to engage the services of some of the best family legal representatives Chelsea Heights has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Chelsea Heights, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 normally submitted 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 file the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no possibility 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 household services. It may be difficult to develop that separation has actually taken place in these situations and accordingly the Court will require proof 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 established, you or your partner needs to regard Australia as your home, intend to live in Chelsea Heights indefinitely or otherwise have the ability 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 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 think about that correct plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.

When a Divorce has been given the Divorce becomes efficient one month and one day after the Order has been made.

When a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Chelsea Heights

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

Prior to the beginning of any Court procedures the parties are required to go to, get involved and make a real attempt in fixing any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be set up with the assistance of lawyer, mediators and counsellors Chelsea Heights.

If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

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

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

guaranteeing that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum level consistent with the best interest of the kid; and

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

guaranteeing that kids receive sufficient and appropriate parenting to assist them attain their complete potential; and

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

There are other elements that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers Chelsea Heights VIC

We are passionate regarding offering a specialized Family Law service Chelsea Heights that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal demands.

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