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Prenup Mirboo North VIC

Prenup Mirboo North VIC

Accredited Family Law & Separation Specialists In Mirboo North

We understand family law. Our Family Lawyers Mirboo North have represented hundreds of family law customers throughout the years and act for mums, dads, grandmas, grandpas, 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 committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are wanting to engage the services of some of the best family lawyers Mirboo North has to offer, then look no more. When engaging among 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 Mirboo North, 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 allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 marriage submits 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 period of separation. This 12 month separation period is to be a constant duration and implies 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 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 supplied the other with some household services. It may be difficult to develop that separation has actually occurred in these circumstances and appropriately 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in Mirboo North forever or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has been married 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 actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.

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

As soon as a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Mirboo North

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 start of any Court procedures the parties are required to go to, participate and make a real attempt in solving any parenting issues at a family disagreement resolution conference. Following completion 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 Approval Orders. If no contract can be reached, even more settlements can be organized with the support of lawyer, mediators and counsellors Mirboo North.

If no agreement 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 tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the vital consideration.

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

making sure that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum degree constant with the best interest of the kid; and

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

guaranteeing that kids get appropriate and correct parenting to help them achieve their full potential; and

ensuring that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, well-being and development of their kids.

There are other aspects that the Court may consider in any particular circumstances.

Why Choose Our Family Lawyers Mirboo North VIC

We are passionate regarding offering a specialty Prenup Mirboo North service that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal requirements.

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