Accredited Family Law & Separation Specialists In Woomelang
We know family law. Our Family Lawyers Woomelang have actually represented hundreds of family law customers throughout the 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 elements of family law, having specific knowledge 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 achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are seeking to engage the services of some of the best family lawyers Woomelang has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Woomelang, 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 accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually 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 submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no possibility 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 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 home services. It may be tough to develop that separation has happened in these scenarios and accordingly the Court will require evidence in assistance 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 established, you or your spouse has to regard Australia as your home, intend to reside in Woomelang indefinitely or otherwise have the ability to supply proof that you lived 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 needs 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 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 family, and under the age of 18.
Once a Divorce has been approved the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Woomelang
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 procedures the parties are needed to go to, get involved and make a real effort in dealing with any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be set up with the help of solicitor, conciliators and counsellors Woomelang.
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 require verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the best interest of the kid; and
protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that children receive adequate and correct parenting to assist them achieve their complete potential; and
making sure that parents satisfy their responsibilities, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.
There are other elements that the Court might consider in any particular circumstances.
Why Choose Our Domestic Violence Lawyers Woomelang VIC
We are passionate regarding offering a specialized domestic violence lawyer Woomelang service that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal requirements.