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Family Lawyer Greenvale VIC

Family Lawyer Greenvale VIC

Accredited Family Law & Divorce Specialists In Greenvale

We understand family law. Our Family Solicitors Greenvale have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular know-how 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 achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are looking to engage the services of a few of the best family legal representatives Greenvale has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Greenvale, 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 accusations 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 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 submit the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in situations 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 exact same roof or if one has actually offered the other with some family services. It may be difficult to establish that separation has actually occurred in these scenarios and appropriately the Court will need proof in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Greenvale indefinitely or otherwise have the ability to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has actually been married 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 have to consider that appropriate plans have actually 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 household, and under the age of 18.

When a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.

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

Parenting Orders Greenvale

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

Prior to the start of any Court procedures the parties are needed to attend, participate and make a real effort in fixing any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be set up with the support of solicitor, conciliators and counsellors Greenvale.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should regard the very best interests of the child as the paramount consideration.

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

ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum extent constant with the best interest of the kid; and

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

making sure that children receive sufficient and proper parenting to help them achieve their complete potential; and

guaranteeing that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, welfare and advancement of their kids.

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

Why Choose Our Family Lawyers Greenvale VIC

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

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