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Family Lawyer Barwon Downs VIC

Family Lawyer Barwon Downs VIC

Accredited Family Law & Separation Specialists In Barwon Downs

We know family law. Our Family Lawyers Barwon Downs have actually represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Barwon Downs has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Barwon Downs, 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 adultery, 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 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 duration of separation. This 12 month separation period is to be a continuous duration and implies 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 offered the other with some family services. It may be tough to establish that separation has occurred in these circumstances 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 partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Barwon Downs 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 been married for less than 2 years, the Court requires the parties to participate in 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 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 dealt with as a member of that home, and under the age of 18.

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

When a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Barwon Downs

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 commencement of any Court procedures the parties are required to participate in, get involved and make a genuine attempt in dealing with any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be arranged with the assistance of solicitor, mediators and counsellors Barwon Downs.

If no contract 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 must relate to the very best interests of the kid as the critical factor to consider.

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

guaranteeing that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the best interest of the kid; and

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

making sure that children get adequate and correct parenting to help them accomplish their full potential; and

ensuring that moms and dads fulfil their duties, and meet their responsibilities, concerning the care, welfare and advancement of their children.

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

Why Choose Our Family Lawyers Barwon Downs VIC

We are passionate regarding providing a specialized Family Law service Barwon Downs that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal requirements.

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