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Family Lawyer Callignee VIC

Family Lawyer Callignee VIC

Accredited Family Law & Divorce Specialists In Callignee

We know family law. Our Family Solicitors Callignee have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular know-how in divorce, child custody and 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 procedure so that you obtain the very best possible outcome. If you are aiming to engage the services of some of the best family lawyers Callignee has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Callignee, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.

An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and indicates 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 living under the same roof or if one has actually offered the other with some household services. It might be tough to develop that separation has actually happened in these situations 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 spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to reside in Callignee indefinitely or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been wed for less than 2 years, the Court needs 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 have to think about that proper arrangements have been produced any child of the marriage, 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 family, and under the age of 18.

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

Once a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Callignee

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 start of any Court procedures the parties are required to attend, participate and make a real effort in fixing any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be set up with the assistance of solicitor, arbitrators and counsellors Callignee.

If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court must relate to the very best interests of the child 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:

ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree consistent with the best interest of the child; and

securing the kids from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and

ensuring that kids receive appropriate and correct parenting to assist them attain their complete potential; and

ensuring that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, well-being and advancement of their kids.

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

Why Choose Our Family Lawyers Callignee VIC

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

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