Call Us 1300 241 740

Family Lawyer Junortoun VIC

Family Lawyer Junortoun VIC

Accredited Family Law & Separation Specialists In Junortoun

We know family law. Our Family Solicitors Junortoun have represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and property division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are seeking to engage the services of some of the very best family solicitors Junortoun 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 Junortoun, the Family Law Act 1975 established 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 allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 just readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests 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 living under the very same roof or if one has offered the other with some home services. It may be tough to establish that separation has actually taken place in these circumstances 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 partner will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Junortoun forever or otherwise have the ability to provide proof that you resided in Australian for a minimum of 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 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 have to consider that proper arrangements have actually 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 treated as a member of that home, and under the age of 18.

Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has been made.

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

Parenting Orders Junortoun

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

Prior to the start of any Court procedures the parties are needed to participate in, take part and make a genuine effort in fixing any parenting issues at a household disagreement resolution conference. Following completion 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 Consent Orders. If no arrangement can be reached, further negotiations can be organized with the support of solicitor, mediators and counsellors Junortoun.

If no contract can be reached outside of the court system, an individual 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 receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

In parenting matters, a Court needs to concern the 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 met by:

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

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

making sure that kids get sufficient and correct parenting to assist them attain their complete potential; and

ensuring that moms and dads satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.

There are other elements that the Court may consider in any specific situations.

Why Choose Our Family Lawyers Junortoun VIC

We are passionate about offering a specialized Family Law service Junortoun that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal needs.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now