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Prenup North Blackwood VIC

Prenup North Blackwood VIC

Accredited Family Law & Separation Specialists In North Blackwood

We know family law. Our Family Solicitors North Blackwood have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and residential or commercial property division.

We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are planning to engage the services of a few of the best family legal representatives North Blackwood has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In North Blackwood, 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 accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is usually filed 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 file the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous 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 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 provided the other with some home services. It may be hard to establish that separation has taken place in these situations and accordingly the Court will need proof in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person 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 North Blackwood forever or otherwise have the ability to provide evidence 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 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 consider that correct arrangements have 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 dealt with as a member of that household, and under the age of 18.

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

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

Parenting Orders North Blackwood

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

Prior to the start of any Court proceedings the parties are required to participate in, participate and make a real attempt in dealing with any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be organized with the help of lawyer, arbitrators and counsellors North Blackwood.

If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.

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

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

ensuring that the children have the advantage of both of their parents having a significant participation in their lives, to the optimum extent consistent with the best interest of the child; and

safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and

making sure that kids get adequate and appropriate parenting to assist them attain their complete potential; and

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

There are other elements that the Court might take into account in any specific scenarios.

Why Choose Our Family Lawyers North Blackwood VIC

We are passionate about giving a specialized Prenup North Blackwood service that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be assured of our commitment to your legal demands.

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