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Prenup Athlone VIC

Prenup Athlone VIC

Accredited Family Law & Divorce Specialists In Athlone

We understand family law. Our Family Solicitors Athlone have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.

We are dedicated to helping 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 wanting to engage the services of a few of the best family solicitors Athlone has to offer, then look no further. 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 Athlone, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 typically submitted 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 file 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 continuous duration and means more than physical separation where there is no likelihood 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 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 provided the other with some family services. It might be challenging to establish that separation has occurred in these scenarios and accordingly the Court will require proof 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, plan to live in Athlone indefinitely or otherwise be able to provide proof that you lived in Australian for at least 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 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 have to think about that correct arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has actually 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 reliable one month and one day after the Order has actually been made.

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

Parenting Orders Athlone

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 child’s life.

Prior to the commencement of any Court procedures the parties are required to participate in, participate and make a genuine effort in solving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be organized with the assistance of lawyer, conciliators and counsellors Athlone.

If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.

In parenting matters, a Court needs to regard the best interests of the kid as the paramount factor to consider.

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

guaranteeing that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum level constant with the best interest of the child; and

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

making sure that children receive appropriate and correct parenting to assist them accomplish their complete potential; and

making sure that moms and dads fulfil their tasks, and satisfy their duties, concerning the care, welfare and development of their children.

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

Why Choose Our Family Lawyers Athlone VIC

We are passionate regarding giving a specialty Prenup Athlone service that welcomes you, understands you and shows you empathy in tough times. Learn why you can be guaranteed of our dedication to your legal requirements.

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