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Prenup Massey VIC

Prenup Massey VIC

Accredited Family Law & Divorce Specialists In Massey

We know family law. Our Family Lawyers Massey have represented numerous family law customers throughout the years and act for mums, fathers, grandmas, grandpas, 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 particular competence in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as quickly 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 solicitors Massey has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Massey, 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 allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has 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 marital relationship 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 duration of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no possibility 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 actually 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 actually supplied the other with some family services. It may be hard to develop that separation has happened in these circumstances and appropriately the Court will need 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 need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Massey forever or otherwise have the ability to provide proof 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 requires the parties to go to 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 consider that appropriate plans have been produced 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 family, and under the age of 18.

As soon as a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has actually been made.

When a Divorce has 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 period might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Massey

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

Prior to the start of any Court procedures the parties are required to go to, participate and make an authentic effort in solving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be organized with the help of solicitor, conciliators and counsellors Massey.

If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement 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 regard the best interests of the child as the paramount consideration.

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

making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum degree consistent with the best interest of the child; and

safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and

making sure that children get sufficient and proper parenting to help them achieve their full potential; and

ensuring that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and development of their children.

There are other elements that the Court may take into account in any particular situations.

Why Choose Our Family Lawyers Massey VIC

We are passionate regarding giving a specialty Prenup Massey service that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal needs.

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