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Family Lawyer Albion VIC

Family Lawyer Albion VIC

Accredited Family Law & Divorce Specialists In Albion

We know family law. Our Family Solicitors Albion have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and home division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are looking to engage the services of some of the best family legal representatives Albion has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Albion, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is typically submitted 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 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 implies more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in scenarios 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 same roof or if one has actually supplied the other with some home services. It might be challenging to develop 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 period of 12 months of separation, either you or your partner will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Albion 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 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 have to consider that proper plans have been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that family, and under the age of 18.

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

As soon as a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Albion

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 commencement of any Court proceedings the parties are required to go to, participate and make a genuine attempt in solving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be arranged with the help of lawyer, arbitrators and counsellors Albion.

If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.

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

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

making sure that the children have the advantage of both of their parents having a significant participation in their lives, to the maximum level constant with the best interest of the child; and

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

ensuring that children get sufficient and proper parenting to assist them attain their complete potential; and

ensuring that moms and dads satisfy their responsibilities, and meet their duties, concerning the care, well-being and advancement of their children.

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

Why Choose Our Family Lawyers Albion VIC

We are passionate about providing a specialized Family Law service Albion that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our dedication to your legal requirements.

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