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Family Law Advice Clunes VIC

Family Law Advice Clunes VIC

Accredited Family Law & Divorce Specialists In Clunes

We understand family law. Our Family Solicitors Clunes have represented numerous family law clients over the years and act for mums, dads, grandmas, grandpas, 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 expertise in divorce, child custody and home 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 expertly throughout the Court process so that you get the very best possible outcome. If you are planning to engage the services of a few of the best family lawyers Clunes has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Clunes, 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is generally 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 available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests more than physical separation where there is no probability of reconciliation.

The application can be opposed in situations 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 exact same roof or if one has offered the other with some family services. It may be challenging to establish that separation has occurred in these situations and appropriately the Court will need 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to live in Clunes forever or otherwise be able to provide 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 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 proper plans have actually been made for 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 been given the Divorce becomes reliable one month and one day after the Order has actually been made.

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

Parenting Orders Clunes

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

Prior to the commencement of any Court procedures the parties are needed to participate in, get involved and make a genuine effort in dealing with any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be set up with the assistance of lawyer, arbitrators and counsellors Clunes.

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

In parenting matters, a Court must relate to the very best interests of the kid as the vital consideration.

According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied 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 best interest of the kid; and

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

ensuring that children receive adequate and correct parenting to assist them achieve their complete potential; and

guaranteeing that parents satisfy their responsibilities, and satisfy their duties, concerning the care, well-being and development of their children.

There are other elements that the Court might consider in any particular situations.

Why Choose Our Family Lawyers Clunes VIC

We are passionate about providing a specialty Family Law service Clunes that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our dedication to your legal demands.

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