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Family Lawyer Keon Park VIC

Family Lawyer Keon Park VIC

Accredited Family Law & Separation Specialists In Keon Park

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

We are devoted to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are aiming to engage the services of a few of the best family lawyers Keon Park has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Keon Park, 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 allegations of infidelity, violence or abandonment are irrelevant. 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 files the application, or a joint application where both parties file the application together.

An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and indicates more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in circumstances where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have 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 offered the other with some family services. It might be hard to develop that separation has actually occurred in these scenarios and accordingly the Court will need evidence in support of the application.

In addition to the requirements of a period 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 has to regard Australia as your home, intend to reside in Keon Park indefinitely or otherwise have the ability 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 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 consider that appropriate 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 family, and under the age of 18.

Once 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 actually worked, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Keon Park

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

Prior to the start of any Court proceedings the parties are required to participate in, get involved and make a genuine effort in resolving any parenting concerns at a household conflict 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 Consent Orders. If no contract can be reached, further negotiations can be set up with the assistance of solicitor, mediators and counsellors Keon Park.

If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to concern the very best interests of the kid as the critical factor to consider.

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

making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum degree consistent with the best interest of the kid; and

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

ensuring that children get appropriate and appropriate parenting to assist them achieve their full potential; and

making sure that parents fulfil their duties, and meet their duties, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may take into account in any specific scenarios.

Why Choose Our Family Lawyers Keon Park VIC

We are passionate regarding offering a specialty Family Law service Keon Park that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal needs.

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