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Eales & Mackenzie Melbourne

Eales & Mackenzie Melbourne

Essendon, Australia

Founded in 1882
50 people in their team
OverviewExpertise and experience sets Eales & Mackenzie apart as a trusted and professional legal firm in Melbourne. We serve businesses and...
English

Australia Family Legal Questions answered by Lawyers

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About Family Law in Essendon, Australia

Family law in Essendon, Australia, is a legal field that addresses family-related issues and domestic relations. It covers matters such as divorce, child custody, child support, property settlement, and more. The legal framework follows the Family Law Act 1975, a federal law applicable across the nation which also addresses adoption, surrogacy, and issues surrounding family violence or abuse.

Why You May Need a Lawyer

You may need a lawyer for various reasons; these include navigating through a divorce, negotiating for child custody, organising financial settlements after a relationship breakdown, or seeking legal protection from family violence. A knowledgeable lawyer can inform you of your legal rights, guide you through the court process, and help advocate for your best interests.

Local Laws Overview

Although governed by the federal Family Law Act 1975, there are local courts and mediators in Essendon that deal specifically with family law matters. The Act promotes the best interests of the children as its cornerstone principle, and emphasizes reaching an agreement outside of court whenever possible. It prefers shared parental responsibility, yet understands that may not be viable in all cases especially in situations involving family violence or child abuse.

Frequently Asked Questions

How is child custody determined in Essendon?

Child custody is determined by considering what is in the best interests of the child. This often means preserving a meaningful relationship with both parents, unless there's a risk of violence or abuse.

Does Essendon advocate for shared parental responsibility in divorce?

Yes, Essendon, like the rest of Australia, promotes the notion of shared parental responsibility. However, the exact parenting arrangement can depend on various factors.

Can I resolve family disputes without going to court?

Yes, many family disputes, such as property settlements and custody arrangements, can be settled through mediation. This process is encouraged to reach an amicable agreement.

What does a family lawyer in Essendon typically do?

A family lawyer provides advice, prepares legal documents such as consent orders or parenting plans, represents you in court, and negotiates on your behalf in difficult family situations.

How quickly can a divorce be settled in Essendon?

In Australia, including Essendon, you must be separated for at least 12 months before applying for a divorce. The time to settle depends on the complexity of the divorce and the cooperation between parties.

Additional Resources

The Family Court of Australia and the Federal Circuit Court of Australia are key resources where you can find important information and forms relating to family law. Local community legal centres and the Legal Services Commission also provide legal services and advice on family law matters.

Next Steps

If you require legal assistance in family law, your first step is to consult with a family lawyer who is well-versed with the local legal landscape. Preparing a list of your queries and concerns before your visit can also be beneficial. If you are unable to afford a private lawyer, you may seek help from local community legal centres or the Legal Aid office in Victoria.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.