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Family Lawyer Boolarong VIC

Family Lawyer Boolarong VIC

Accredited Family Law & Divorce Specialists In Boolarong

We understand family law. Our Family Solicitors Boolarong have represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific know-how in divorce, child custody and property division.

We are committed 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 procedure so that you get the very best possible outcome. If you are planning to engage the services of a few of the best family solicitors Boolarong has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Boolarong, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 irrelevant. The only ground for Divorce is that the marriage has 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 marital relationship submits the application, or a joint application where both parties file the application together.

An application for Divorce is only available after a 12 month period 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 circumstances 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 exact same roof or if one has supplied the other with some family services. It might be challenging to develop that separation has occurred in these circumstances and appropriately the Court will need proof in assistance of the application.

In addition to the requirements of a duration 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 partner needs to regard Australia as your home, mean to reside in Boolarong forever or otherwise have the ability to provide 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 been married for less than 2 years, the Court needs 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 need to consider that correct 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 dealt with as a member of that home, and under the age of 18.

As soon as a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.

As soon as a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Boolarong

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

Prior to the commencement of any Court procedures the parties are needed to go to, participate and make a genuine effort in resolving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be organized with the assistance of lawyer, conciliators and counsellors Boolarong.

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 need verification that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should relate to the best interests of the child as the vital consideration.

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

making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree constant with the very best interest of the kid; and

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

ensuring that children receive sufficient and appropriate parenting to assist them achieve their full potential; and

guaranteeing that parents fulfil their tasks, and fulfill their duties, concerning the care, well-being and development of their children.

There are other factors that the Court might take into consideration in any particular situations.

Why Choose Our Family Lawyers Boolarong VIC

We are passionate about offering a specialized Family Law service Boolarong that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal needs.

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