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Prenup Mount Napier VIC

Prenup Mount Napier VIC

Accredited Family Law & Divorce Specialists In Mount Napier

We know family law. Our Family Solicitors Mount Napier have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular know-how 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 attainable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are looking to engage the services of some of the very best family legal representatives Mount Napier has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Mount Napier, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 marital relationship submits 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 duration of separation. This 12 month separation period 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 situations 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 very same roof or if one has actually supplied the other with some household services. It may be difficult to establish that separation has taken place 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 spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Mount Napier 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 go to 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 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 family, and under the age of 18.

As soon as a Divorce has been given the Divorce ends up being effective one month and one day after the Order has actually been made.

When a Divorce has actually worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Mount Napier

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

Prior to the beginning of any Court proceedings the parties are required to go to, take part and make an authentic attempt in resolving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be set up with the support of solicitor, mediators and counsellors Mount Napier.

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 need verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.

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

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

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

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

making sure that children receive sufficient and appropriate parenting to assist them accomplish their complete potential; and

guaranteeing that moms and dads satisfy their responsibilities, and satisfy their obligations, concerning the care, welfare and advancement of their children.

There are other aspects that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers Mount Napier VIC

We are passionate regarding giving a specialized Prenup Mount Napier service that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be assured of our dedication to your legal needs.

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