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Prenup Nichols Point VIC

Prenup Nichols Point VIC

Accredited Family Law & Separation Specialists In Nichols Point

We understand family law. Our Family Lawyers Nichols Point have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and home 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 skillfully throughout the Court process so that you get the best possible result. If you are seeking to engage the services of a few of the best family solicitors Nichols Point has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Nichols Point, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is generally 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 only available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and implies 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 handle 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 living under the very same roof or if one has actually provided the other with some home services. It may be hard to establish that separation has occurred in these scenarios 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Nichols Point indefinitely or otherwise be able 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 actually been wed for less than 2 years, the Court needs the parties to participate in 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 dealt with as a member of that family, and under the age of 18.

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

When a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Nichols Point

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

Prior to the start of any Court procedures the parties are required to participate in, participate and make a real effort in fixing any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be set up with the assistance of solicitor, arbitrators and counsellors Nichols Point.

If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

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

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

ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum level consistent with the best interest of the kid; and

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

ensuring that kids receive adequate and correct parenting to help them achieve their full potential; and

making sure that parents satisfy their responsibilities, and satisfy their duties, concerning the care, welfare and development of their kids.

There are other aspects that the Court may consider in any specific situations.

Why Choose Our Family Lawyers Nichols Point VIC

We are passionate about providing a specialty Prenup Nichols Point service that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal needs.

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