Domestic Violence Lawyer Waanyarra VIC

Accredited Family Law & Divorce Specialists In Waanyarra

We understand family law. Our Family Lawyers Waanyarra have represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.

We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the very best possible outcome. If you are wanting to engage the services of a few of the best family legal representatives Waanyarra has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

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

Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no possibility of reconciliation.

The application can be opposed in circumstances 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 living under the exact same roof or if one has actually supplied the other with some family services. It may be tough to establish that separation has actually happened in these scenarios and accordingly the Court will need evidence in assistance of the application.

In addition to the requirements of a duration 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 established, you or your spouse needs to regard Australia as your home, plan to reside in Waanyarra indefinitely or otherwise be able to supply proof that you resided in Australian for at least 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 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 need to consider that appropriate plans have 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 treated as a member of that household, and under the age of 18.

Once a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has actually been made.

As soon as a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Waanyarra

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 kid’s life.

Prior to the commencement of any Court proceedings the parties are required to attend, take part and make an authentic attempt in dealing with any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be set up with the help of lawyer, conciliators and counsellors Waanyarra.

If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have tried a disagreement 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 regard the best interests of the child as the vital consideration.

Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:

making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent consistent with the very best interest of the child; and

securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

guaranteeing that children receive sufficient and proper parenting to assist them attain their complete potential; and

guaranteeing that parents fulfil their responsibilities, and meet their duties, concerning the care, welfare and advancement of their children.

There are other aspects that the Court might consider in any specific scenarios.

Why Choose Our Domestic Violence Lawyers Waanyarra VIC

We are passionate about giving a specialized domestic violence lawyer Waanyarra service that welcomes you, understands you and shows you empathy in tough times. Find out why you can be assured of our dedication to your legal requirements.

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