Accredited Family Law & Divorce Specialists In Woodend
We understand family law. Our Family Lawyers Woodend have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandfathers, 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 particular proficiency in divorce, child custody and property division.
We are dedicated 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 procedure so that you acquire the best possible outcome. If you are seeking to engage the services of some of the best family lawyers Woodend has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Woodend, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically submitted 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 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 continuous period and means 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 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 very same roof or if one has actually provided the other with some home services. It might be tough to establish that separation has actually taken place in these scenarios and accordingly the Court will require proof 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 person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Woodend indefinitely 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 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 have to consider that appropriate plans have actually been made for any child of the marriage, 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 household, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Woodend
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, participate and make a real effort in dealing with any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be set up with the support of solicitor, conciliators and counsellors Woodend.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level consistent with the best interest of the kid; and
protecting the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive appropriate and correct parenting to help them achieve their complete potential; and
ensuring that moms and dads satisfy their duties, and satisfy their duties, concerning the care, well-being and advancement of their children.
There are other factors that the Court might take into consideration in any particular scenarios.
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