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Family Lawyer Balnarring VIC

Family Lawyer Balnarring VIC

Accredited Family Law & Divorce Specialists In Balnarring

We understand family law. Our Family Solicitors Balnarring have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home division.

We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are wanting to engage the services of some of the best family solicitors Balnarring has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Balnarring, 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 marriage has broken down irretrievably.

Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit 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 continuous period and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 very same roof or if one has actually supplied the other with some family services. It may be challenging to develop that separation has actually taken place in these situations and accordingly 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 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 Balnarring indefinitely or otherwise be able to offer 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 need to consider that proper plans have 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.

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 actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Balnarring

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

Prior to the beginning of any Court procedures the parties are needed to participate in, get involved and make a real attempt in solving any parenting problems at a family disagreement resolution conference. Following conclusion 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 contract can be reached, even more negotiations can be organized with the assistance of lawyer, conciliators and counsellors Balnarring.

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 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 proceedings.

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

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

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

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

making sure that kids get appropriate and correct parenting to help them accomplish their full potential; and

guaranteeing that moms and dads satisfy their duties, and meet their responsibilities, concerning the care, well-being and development of their kids.

There are other factors that the Court might consider in any particular scenarios.

Why Choose Our Family Lawyers Balnarring VIC

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

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