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Prenup Meadow Heights VIC

Prenup Meadow Heights VIC

Accredited Family Law & Separation Specialists In Meadow Heights

We know family law. Our Family Solicitors Meadow Heights have represented numerous family law customers over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular expertise 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 possible, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are seeking to engage the services of a few of the very best family legal representatives Meadow Heights has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Meadow Heights, 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 irrelevant. The only ground for Divorce is that the marriage has actually 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 marriage submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and suggests 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 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 same roof or if one has actually provided the other with some household services. It might be tough to develop that separation has actually occurred in these scenarios and accordingly 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to live in Meadow Heights indefinitely or otherwise have the ability to provide evidence 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 requires 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 consider that appropriate plans have actually 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 dealt with as a member of that family, and under the age of 18.

As soon as 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 just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Meadow Heights

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

Prior to the start of any Court proceedings the parties are required to go to, take part and make a genuine attempt in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be arranged with the help of lawyer, conciliators and counsellors Meadow Heights.

If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a conflict 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 concern the very best interests of the kid as the vital factor to consider.

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

making sure that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the optimum level constant with the best interest of the child; and

securing the children from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

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

making sure that parents fulfil their tasks, and meet their obligations, concerning the care, well-being and advancement of their kids.

There are other elements that the Court may consider in any particular situations.

Why Choose Our Family Lawyers Meadow Heights VIC

We are passionate regarding offering a specialized Prenup Meadow Heights service that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal needs.

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