Best Family Lawyers in Moonah

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Blissenden Lawyers

Blissenden Lawyers

Moonah, Australia

Founded in 1954
25 people in their team
ABOUT USDelivering a professional and personal approach to all your legal mattersBlissenden Lawyers located north of Creek Road and in the heart of...
English

Australia Family Legal Questions answered by Lawyers

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About Family Law in Moonah, Australia

Family law in Moonah follows the general principles and guidelines established by Australian law. It encompasses a wide range of legal matters, such as divorce and separation, child custody and support, property settlements, spousal maintenance, and domestic violence orders. These can be inherently complex cases, often involving intense emotions, making the guidance of a professional legal expert crucial for each party's best interests.

Why You May Need a Lawyer

Engaging a Family Lawyer can be helpful in numerous situations. If you're undergoing a divorce or separation, a lawyer can provide advice and help navigate the legal procedures. Similarly, legal help is essential when dealing with contentious issues such as child custody, support, and visitation rights. If you're involved in drawing up or contesting a prenuptial agreement or need to determine the division of property after a separation, a lawyer's advice can be advantageous. A family lawyer can also assist you during situations of domestic violence or abuse where protective orders or legal interventions may be necessary.

Local Laws Overview

Moonah family laws broadly align with Tasmania and Australia's general family laws, but there can be local specificities. The law strongly upholds the principle that decisions should be in the 'best interest of the child.' Post-separation, both parents are expected to provide for their child, and both have the right to parental responsibilities, unless the court orders otherwise. Domestic violence is treated seriously, with avenues for victims to apply for Family Violence Orders for protection. Irrespective of a couple's marital status, property settlements after separation are conducted under the Just and Equitable Principle where the focus is on a fair outcome.

Frequently Asked Questions

How is property divided after a separation?

The family law in Moonah applies the Just and Equitable Principle in dividing properties. Several factors like contributions made by each party during the relationship, the length of the relationship, and the future needs of each party are considered to arrive at a fair division.

Who gets custody of the child after a divorce?

The concept of 'custody' has been replaced with 'parental responsibility' in Australian law. This means both parents have the responsibility to take care of the children post-divorce or separation, unless the court rules otherwise.

Can I apply for a Family Violence Order?

If you're a victim of family violence in Moonah, you can apply through the local court for a Family Violence Order to protect yourself. In urgent situations, the police can issue an interim order.

What happens in a divorce?

In a divorce, the court nullifies the marriage. For this, the couple has to prove that they've been separated for at least 12 months and the relationship has broken down irreparably.

Can a lawyer help even if we’re not married?

Yes, family lawyers can assist in situations involving de facto relationships, handling matters like property settlements and child custody issues just as with married couples.

Additional Resources

Organizations like the Legal Aid Commission of Tasmania, the Family Court of Australia, and Relationships Australia Tasmania provide helpful resources and advice. Tasmania's Department of Communities also has programs and services for families and children dealing with crisis situations.

Next Steps

If you need legal advice in family law, the first step is to consult a qualified and experienced family lawyer in Moonah or Tasmania. They can provide personalized advice tailored to your situation, assist in understanding the complex legal process, and provide representation if needed. Ensure you have all relevant documents ready for your initial consultation to receive the most accurate advice.

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.