Accredited Family Law & Divorce Specialists In Waggarandall
We know family law. Our Family Solicitors Waggarandall have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific competence in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are wanting to engage the services of a few of the best family legal representatives Waggarandall has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Waggarandall, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies 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 handle 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 residing under the same roof or if one has actually offered the other with some home services. It may be tough to develop that separation has happened in these circumstances and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period 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 spouse has to regard Australia as your home, plan to live in Waggarandall forever or otherwise have the ability to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married 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 have to consider that appropriate plans have been made for any child of the marriage, 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.
When a Divorce has actually been given the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Waggarandall
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to participate in, get involved and make a real effort in fixing any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be organized with the help of solicitor, arbitrators and counsellors Waggarandall.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum degree consistent with the best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get adequate and appropriate parenting to help them achieve their complete potential; and
making sure that moms and dads satisfy their duties, and fulfill their duties, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may consider in any specific situations.
Why Choose Our Domestic Violence Lawyers Waggarandall VIC
We are passionate regarding giving a specialized domestic violence lawyer Waggarandall service that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal needs.