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Family Lawyer Katandra VIC

Family Lawyer Katandra VIC

Accredited Family Law & Divorce Specialists In Katandra

We understand family law. Our Family Lawyers Katandra have actually represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property division.

We are committed to assisting 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 result. If you are looking to engage the services of a few of the best family lawyers Katandra has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Katandra, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship 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 submits 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 period and suggests more than physical separation where there is no possibility 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 living under the exact same roof or if one has actually supplied the other with some household services. It may be challenging to establish that separation has actually taken place in these circumstances and appropriately the Court will require proof in assistance 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Katandra forever or otherwise be able to supply evidence that you lived 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 requires 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 correct 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.

As soon as a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.

When a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Katandra

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

Prior to the commencement of any Court proceedings the parties are needed to attend, take part and make a genuine effort in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the support of solicitor, conciliators and counsellors Katandra.

If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.

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

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

ensuring that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree constant with the best interest of the kid; and

securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and

guaranteeing that kids receive sufficient and appropriate parenting to help them achieve their full potential; and

guaranteeing that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their children.

There are other elements that the Court may take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Katandra VIC

We are passionate regarding providing a specialty Family Law service Katandra that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal demands.

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