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Family Lawyer Alexandra VIC

Family Lawyer Alexandra VIC

Accredited Family Law & Divorce Specialists In Alexandra

We know family law. Our Family Solicitors Alexandra have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular know-how 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 acquire the best possible outcome. If you are aiming to engage the services of a few of the best family lawyers Alexandra has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Alexandra, the Family Law Act 1975 developed 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 abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is generally submitted 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 submit the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios 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 living under the exact same roof or if one has actually provided the other with some household services. It may be tough to develop that separation has taken place in these scenarios and appropriately the Court will need evidence in assistance of the application.

In addition to the requirements of a period 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, mean to live in Alexandra forever or otherwise be able to offer proof that you lived in Australian for a minimum of 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 go to 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 think about that proper arrangements have actually been produced 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 household, and under the age of 18.

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

When a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Alexandra

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

Prior to the beginning of any Court proceedings the parties are required to go to, take part and make a real effort in resolving any parenting concerns at a household 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 Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the help of solicitor, conciliators and counsellors Alexandra.

If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.

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

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

ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the child; and

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

ensuring that kids receive appropriate and proper parenting to assist them attain their complete potential; and

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

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

Why Choose Our Family Lawyers Alexandra VIC

We are passionate regarding giving a specialized Family Law service Alexandra that welcomes you, understands you and shows you empathy in tough times. Discover why you can be assured of our dedication to your legal needs.

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