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Family Lawyer Konongwootong VIC

Family Lawyer Konongwootong VIC

Accredited Family Law & Divorce Specialists In Konongwootong

We know family law. Our Family Solicitors Konongwootong have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, 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 specific know-how 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 achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are planning to engage the services of some of the best family lawyers Konongwootong has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Konongwootong, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 files the application, or a joint application where both parties submit the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant 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 living under the exact same roof or if one has supplied the other with some home services. It may be tough to develop that separation has actually taken place in these situations and appropriately the Court will require evidence in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to reside in Konongwootong indefinitely or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In instances 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 need to think about that appropriate arrangements 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 home, and under the age of 18.

Once a Divorce has actually been approved the Divorce becomes effective 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 duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Konongwootong

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

Prior to the commencement of any Court proceedings the parties are needed to participate in, participate and make an authentic effort in resolving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided 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 organized with the help of lawyer, conciliators and counsellors Konongwootong.

If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court must concern the best interests of the child as the vital factor to consider.

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

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

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

making sure that kids get appropriate and correct parenting to help them accomplish their full potential; and

guaranteeing that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, well-being and advancement of their children.

There are other aspects that the Court may take into consideration in any particular scenarios.

Why Choose Our Family Lawyers Konongwootong VIC

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

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