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Family Lawyers Mywee VIC

Family Lawyers Mywee VIC

Accredited Family Law & Separation Specialists In Mywee

We understand family law. Our Family Solicitors Mywee have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific proficiency in divorce, child custody and home division.

We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible result. If you are wanting to engage the services of some of the best family lawyers Mywee has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mywee, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 typically 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 just readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and indicates 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 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 hard to establish that separation has occurred in these scenarios and appropriately the Court will need proof in support 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Mywee forever or otherwise be able to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances 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 consider that appropriate arrangements have been made for any child of the marital relationship, 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 granted the Divorce becomes reliable one month and one day after the Order has actually been made.

Once a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Mywee

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 start of any Court procedures the parties are required to go to, get involved and make a genuine attempt in fixing any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be organized with the help of lawyer, mediators and counsellors Mywee.

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

In parenting matters, a Court must relate to the very best interests of the child as the critical factor to consider.

According to section 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 moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the child; and

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

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

ensuring that parents fulfil their responsibilities, and satisfy their responsibilities, concerning the care, welfare and development of their children.

There are other aspects that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers Mywee VIC

We are passionate about offering a specialized Family Law service Mywee that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal requirements.

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