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Family Lawyer Kamarooka VIC

Family Lawyer Kamarooka VIC

Accredited Family Law & Separation Specialists In Kamarooka

We understand family law. Our Family Lawyers Kamarooka have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are looking to engage the services of some of the very best family lawyers Kamarooka has to offer, then look no more. When engaging among our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Kamarooka, the Family Law Act 1975 developed 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 accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually 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 marriage files the application, or a joint application where both parties file the application together.

An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and indicates 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 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 supplied the other with some family services. It may be difficult to develop that separation has occurred in these situations and accordingly the Court will require evidence in support 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Kamarooka forever 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 been married 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 need to consider that proper plans have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.

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

As soon as a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Kamarooka

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

Prior to the start of any Court proceedings the parties are required to attend, take part and make an authentic attempt in solving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of solicitor, mediators and counsellors Kamarooka.

If no arrangement can be reached outside of 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 tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.

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

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

guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree consistent with the very best interest of the kid; and

safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and

making sure that kids get sufficient and correct parenting to help them attain their full potential; and

guaranteeing that parents satisfy their duties, and fulfill their responsibilities, concerning the care, well-being and development of their kids.

There are other factors that the Court might consider in any particular scenarios.

Why Choose Our Family Lawyers Kamarooka VIC

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

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