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Family Law Advice Condah VIC

Family Law Advice Condah VIC

Accredited Family Law & Separation Specialists In Condah

We know family law. Our Family Solicitors Condah have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and residential or commercial property division.

We are devoted to assisting 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 very best possible result. If you are planning to engage the services of some of the very best family lawyers Condah has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Condah, 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 allegations 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 generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.

An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means 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 deal with 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 exact same roof or if one has actually offered the other with some family services. It might be difficult to establish that separation has actually occurred in these scenarios and accordingly the Court will require 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Condah forever or otherwise have the ability to supply evidence that you lived 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 consider that proper 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 family, and under the age of 18.

Once a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.

Once a Divorce has actually taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Condah

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 start of any Court proceedings the parties are needed to participate in, participate and make a real effort in resolving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be organized with the support of solicitor, mediators and counsellors Condah.

If no agreement can be reached beyond the court system, an individual may 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 acquiring this Certificate prior to the beginning of Court proceedings.

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

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

ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum level constant with the very best interest of the kid; and

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

ensuring that kids receive sufficient and correct parenting to help them accomplish their complete potential; and

guaranteeing that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, welfare and development of their children.

There are other aspects that the Court might take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Condah VIC

We are passionate regarding giving a specialized Family Law service Condah that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal requirements.

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