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Prenup Mount Macedon VIC

Prenup Mount Macedon VIC

Accredited Family Law & Separation Specialists In Mount Macedon

We know family law. Our Family Solicitors Mount Macedon have represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.

We are dedicated to assisting 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 best possible result. If you are aiming to engage the services of some of the best family legal representatives Mount Macedon has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Mount Macedon, the Family Law Act 1975 developed 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 allegations of infidelity, violence or desertion 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 files the application, or a joint application where both parties file the application together.

An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant period and means 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 residing under the same roof or if one has offered the other with some home services. It may be challenging to establish that separation has actually taken place in these circumstances and accordingly the Court will require proof in assistance of the application.

In addition to the requirements of a duration 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 developed, you or your spouse has to regard Australia as your home, plan to live in Mount Macedon indefinitely or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been married 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 correct arrangements have actually 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.

When a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.

Once a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Mount Macedon

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

Prior to the start of any Court proceedings the parties are required to attend, participate and make a genuine effort in fixing any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Mount Macedon.

If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.

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

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

guaranteeing that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the very best interest of the child; and

protecting the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and

ensuring that children get adequate and correct parenting to assist them accomplish their full potential; and

guaranteeing that moms and dads fulfil their duties, and satisfy their responsibilities, concerning the care, welfare and development of their children.

There are other factors that the Court might consider in any specific circumstances.

Why Choose Our Family Lawyers Mount Macedon VIC

We are passionate regarding giving a specialized Prenup Mount Macedon service that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal needs.

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