Accredited Family Law & Separation Specialists In Wattle Hill
We know family law. Our Family Solicitors Wattle Hill have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the best possible result. If you are looking to engage the services of some of the very best family legal representatives Wattle Hill has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Wattle Hill, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 residing under the same roof or if one has actually provided the other with some family services. It may be tough to establish that separation has occurred in these circumstances and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period 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, mean to reside in Wattle Hill indefinitely or otherwise have the ability to supply evidence that you lived 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 go to 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 arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that family, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Wattle Hill
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, get involved and make a real effort in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be organized with the assistance of lawyer, mediators and counsellors Wattle Hill.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the child; and
securing the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and appropriate parenting to help them attain their complete potential; and
making sure that moms and dads satisfy their duties, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.
There are other factors that the Court might take into consideration in any specific scenarios.
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