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Family Law Advice Colac East VIC

Family Law Advice Colac East VIC

Accredited Family Law & Separation Specialists In Colac East

We understand family law. Our Family Lawyers Colac East have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are seeking to engage the services of a few of the best family lawyers Colac East has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Colac East, 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 infidelity, 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 marital relationship submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates 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 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 residing under the exact same roof or if one has offered the other with some household services. It might be challenging to establish that separation has occurred in these scenarios and accordingly the Court will need proof in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will need 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, mean to reside in Colac East 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 wed 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 proper arrangements 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 family, and under the age of 18.

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

Once a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Colac East

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

Prior to the beginning of any Court procedures the parties are needed to participate in, take part and make a genuine attempt in fixing any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be arranged with the support of solicitor, mediators and counsellors Colac East.

If no contract 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 attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must regard the best interests of the kid as the critical factor to consider.

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

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

safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and

making sure that kids receive sufficient and correct parenting to help them achieve their full potential; and

making sure that parents satisfy their duties, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.

There are other elements that the Court may take into consideration in any particular scenarios.

Why Choose Our Family Lawyers Colac East VIC

We are passionate regarding giving a specialty Family Law service Colac East that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal requirements.

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