Domestic Violence Lawyer Wahgunyah VIC

Accredited Family Law & Separation Specialists In Wahgunyah

We understand family law. Our Family Lawyers Wahgunyah have actually represented numerous family law customers for many years and act for mums, dads, grandmothers, grandpas, married 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 expertise 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 attainable, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are planning to engage the services of some of the best family solicitors Wahgunyah has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Wahgunyah, 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 accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is generally 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 period of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios 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 residing under the same roof or if one has provided the other with some family services. It might be challenging to develop that separation has actually taken place in these situations and accordingly the Court will require 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to live in Wahgunyah indefinitely or otherwise be able to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has actually been wed for less than 2 years, the Court needs 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 plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.

As soon as a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.

When a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Wahgunyah

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

Prior to the beginning of any Court proceedings the parties are needed to attend, take part and make a real attempt in dealing with any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be set up with the support of solicitor, mediators and counsellors Wahgunyah.

If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court must relate to the best interests of the child as the paramount consideration.

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

guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum extent consistent with the very best interest of the kid; and

protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and

guaranteeing that children receive sufficient and proper parenting to help them accomplish their full potential; and

ensuring that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may take into consideration in any specific scenarios.

Why Choose Our Domestic Violence Lawyers Wahgunyah VIC

We are passionate about providing a specialized domestic violence lawyer Wahgunyah service that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal needs.

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