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Family Lawyer Birchip West VIC

Family Lawyer Birchip West VIC

Accredited Family Law & Divorce Specialists In Birchip West

We understand family law. Our Family Solicitors Birchip West have actually represented numerous family law customers for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are planning to engage the services of a few of the very best family lawyers Birchip West has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Birchip West, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests 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 actually broken down irretrievably.

Any application for Divorce is normally 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 submit the application together.

An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a constant 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 not been separated for more than 12 months.

An application can still be made while the parties are residing under the same roof or if one has actually supplied the other with some family services. It might be challenging to develop that separation has actually taken place 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 partner will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Birchip West indefinitely 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 circumstances where a couple has 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 appropriate arrangements 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 home, and under the age of 18.

Once a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.

Once a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Birchip West

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 needed to participate in, get involved and make a real attempt in fixing any parenting issues at a household disagreement 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 negotiations can be set up with the help of solicitor, conciliators and counsellors Birchip West.

If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

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

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

guaranteeing that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum level constant with the best interest of the kid; and

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

guaranteeing that children get appropriate and correct parenting to assist them attain their complete potential; and

making sure that moms and dads fulfil their responsibilities, and satisfy their obligations, concerning the care, welfare and development of their children.

There are other elements that the Court might take into account in any particular situations.

Why Choose Our Family Lawyers Birchip West VIC

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

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