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Family Lawyers Nicholson VIC

Family Lawyers Nicholson VIC

Accredited Family Law & Separation Specialists In Nicholson

We understand family law. Our Family Solicitors Nicholson 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 skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are looking to engage the services of some of the best family legal representatives Nicholson has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Nicholson, 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 accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.

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

The application can be opposed in scenarios 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 same roof or if one has offered the other with some family services. It might be challenging to develop that separation has occurred in these circumstances and accordingly the Court will require evidence in support of the application.

In addition to the requirements of a duration 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 established, you or your spouse needs to regard Australia as your home, intend to reside in Nicholson forever or otherwise have the ability 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 married 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 correct arrangements have been produced 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 household, and under the age of 18.

When a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.

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

Parenting Orders Nicholson

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

Prior to the commencement of any Court procedures the parties are required to participate in, participate and make a genuine effort in resolving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be organized with the assistance of solicitor, mediators and counsellors Nicholson.

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

In parenting matters, a Court needs to regard 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 fulfilled by:

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

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

making sure that kids get adequate and correct parenting to assist them achieve their full potential; and

ensuring that parents fulfil their tasks, and satisfy their duties, concerning the care, welfare and advancement of their kids.

There are other elements that the Court might take into account in any specific circumstances.

Why Choose Our Family Lawyers Nicholson VIC

We are passionate regarding providing a specialized Family Law service Nicholson that welcomes you, understands you and shows you empathy in hard times. Learn why you can be assured of our commitment to your legal needs.

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