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Prenup Mongans Bridge VIC

Prenup Mongans Bridge VIC

Accredited Family Law & Divorce Specialists In Mongans Bridge

We know family law. Our Family Lawyers Mongans Bridge have represented hundreds of family law customers for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific competence 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 possible, then we will represent you expertly throughout the Court process so that you get the very best possible outcome. If you are looking to engage the services of some of the very best family solicitors Mongans Bridge has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mongans Bridge, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 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 file 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 duration and suggests 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 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 household services. It might be difficult to develop that separation has occurred in these scenarios and appropriately the Court will require evidence in assistance 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Mongans Bridge forever or otherwise be able to offer proof that you lived in Australian for a minimum of 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 need to think about that correct plans have been produced 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 household, and under the age of 18.

Once a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.

As soon as a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Mongans Bridge

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 beginning of any Court procedures the parties are required to participate in, participate and make a genuine attempt in fixing 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 contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be arranged with the help of solicitor, conciliators and counsellors Mongans Bridge.

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

In parenting matters, a Court must relate to the very best interests of the kid as the critical consideration.

Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied 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 maximum extent constant with the best interest of the child; and

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

guaranteeing that children get adequate and appropriate parenting to help them attain their complete potential; and

ensuring that parents fulfil their duties, and fulfill their duties, concerning the care, well-being and development of their children.

There are other elements that the Court may take into consideration in any specific situations.

Why Choose Our Family Lawyers Mongans Bridge VIC

We are passionate regarding giving a specialty Prenup Mongans Bridge service that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.

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