Domestic Violence Lawyer Woodstock West VIC

Accredited Family Law & Divorce Specialists In Woodstock West

We understand family law. Our Family Lawyers Woodstock West have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, 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 dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible outcome. If you are seeking to engage the services of a few of the very best family legal representatives Woodstock West has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Woodstock West, the Family Law Act 1975 developed 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is generally 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 submit 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 period and indicates more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in situations 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 residing under the exact same roof or if one has actually supplied the other with some household services. It might be hard to develop that separation has actually happened in these situations and accordingly the Court will require proof in support 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 developed, you or your partner has to regard Australia as your home, mean to live in Woodstock West forever or otherwise be able to provide proof that you lived 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 requires 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 correct 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 home, and under the age of 18.

As soon as 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 taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Woodstock West

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 procedures the parties are needed to attend, participate and make a genuine attempt in resolving any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be set up with the assistance of lawyer, mediators and counsellors Woodstock West.

If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court must relate to the very best interests of the kid as the paramount factor to consider.

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

ensuring that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum level consistent with the best interest of the kid; and

securing the children from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and

guaranteeing that children get adequate and proper parenting to assist them attain their complete potential; and

ensuring that moms and dads fulfil their duties, and satisfy their responsibilities, concerning the care, well-being and development of their kids.

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

Why Choose Our Domestic Violence Lawyers Woodstock West VIC

We are passionate regarding offering a specialized domestic violence lawyer Woodstock West service that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal needs.

Business Results 1 - 5 of 0