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Family Law Advice Clifton Springs VIC

Family Law Advice Clifton Springs VIC

Accredited Family Law & Divorce Specialists In Clifton Springs

We know family law. Our Family Lawyers Clifton Springs have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are aiming to engage the services of a few of the very best family legal representatives Clifton Springs 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 Clifton Springs, the Family Law Act 1975 developed 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 marriage has actually broken down irretrievably.

Any application for Divorce is normally 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 file the application together.

An application for Divorce is only offered 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 possibility of reconciliation.

The application can be opposed in situations where the Court does not have jurisdiction to handle 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 very same roof or if one has actually offered the other with some household services. It might be challenging to develop that separation has actually taken place in these scenarios and appropriately the Court will need 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 need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to reside in Clifton Springs indefinitely or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has actually been married for less than 2 years, the Court requires 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 appropriate arrangements 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 home, and under the age of 18.

As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.

When a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Clifton Springs

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 start of any Court proceedings the parties are needed to go to, take part and make a genuine effort in fixing any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be set up with the assistance of solicitor, conciliators and counsellors Clifton Springs.

If no agreement can be reached beyond the court system, a person may 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 receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.

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

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

guaranteeing that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum level constant with the very best interest of the child; and

protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and

guaranteeing that children receive adequate and proper parenting to help them accomplish their complete potential; and

making sure that parents fulfil their duties, and meet their obligations, concerning the care, welfare and development of their children.

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

Why Choose Our Family Lawyers Clifton Springs VIC

We are passionate about providing a specialized Family Law service Clifton Springs that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal requirements.

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