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Prenup Mentone VIC

Prenup Mentone VIC

Accredited Family Law & Separation Specialists In Mentone

We know family law. Our Family Lawyers Mentone have represented hundreds of family law customers over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable 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 committed to helping 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 obtain the very best possible outcome. If you are looking to engage the services of some of the best family solicitors Mentone has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Mentone, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates 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 marriage has 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 marital relationship 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 duration of separation. This 12 month separation period is to be a continuous period and means 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 actually 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 actually supplied the other with some family services. It might be challenging to establish that separation has actually occurred in these scenarios and accordingly the Court will need proof in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Mentone forever or otherwise be able to provide evidence that you resided in Australian for at least 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 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 consider that proper arrangements have actually been produced 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 household, and under the age of 18.

As soon as a Divorce has actually 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 period in which to file an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Mentone

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

Prior to the commencement of any Court proceedings the parties are needed to go to, get involved and make a real attempt in dealing with any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be organized with the support of solicitor, conciliators and counsellors Mentone.

If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

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

Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

guaranteeing that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the child; and

securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that kids get appropriate and proper parenting to assist them attain their full potential; and

guaranteeing that parents fulfil their responsibilities, and meet their obligations, concerning the care, welfare and development of their kids.

There are other aspects that the Court might take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Mentone VIC

We are passionate regarding offering a specialized Prenup Mentone service that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.

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