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Family Lawyer Breakwater VIC

Family Lawyer Breakwater VIC

Accredited Family Law & Separation Specialists In Breakwater

We know family law. Our Family Solicitors Breakwater have represented hundreds of family law customers for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.

We are devoted 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 obtain the best possible outcome. If you are looking to engage the services of a few of the very best family legal representatives Breakwater has to offer, then look no further. When engaging among 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 Breakwater, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 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 period of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no possibility 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 residing under the very same roof or if one has actually provided the other with some household services. It may be difficult to establish that separation has happened in these scenarios and accordingly the Court will need evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to live in Breakwater indefinitely or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has actually been wed 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 need to consider that appropriate arrangements have been produced 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 actually been given the Divorce becomes effective one month and one day after the Order has actually been made.

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

Parenting Orders Breakwater

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

Prior to the commencement of any Court proceedings the parties are required to go to, participate and make a genuine effort in dealing with any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be arranged with the assistance of lawyer, mediators and counsellors Breakwater.

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 confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

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

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

ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum level consistent with the very best interest of the child; and

safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and

ensuring that children get appropriate and proper parenting to assist them achieve their complete potential; and

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

There are other aspects that the Court may consider in any particular circumstances.

Why Choose Our Family Lawyers Breakwater VIC

We are passionate about offering a specialty Family Law service Breakwater that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal demands.

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166a Ryrie St, Geelong Victoria 3220, Australia

 
 

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