Domestic Violence Lawyer Woorinen South VIC

Accredited Family Law & Divorce Specialists In Woorinen South

We know family law. Our Family Lawyers Woorinen South have actually represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and property division.

We are committed 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 obtain the best possible result. If you are seeking to engage the services of a few of the best family legal representatives Woorinen South has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Woorinen South, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means 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 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 marriage files the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no possibility of reconciliation.

The application can be opposed in circumstances 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 living under the same roof or if one has actually provided the other with some home services. It might be challenging to develop that separation has happened in these circumstances 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to live in Woorinen South indefinitely or otherwise have the ability to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually been married 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 have to think about that appropriate 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 family, and under the age of 18.

As soon as a Divorce has actually been given the Divorce becomes 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 period in which to file 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 Woorinen South

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

Prior to the beginning of any Court procedures the parties are needed to participate in, participate and make a real attempt in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, arbitrators and counsellors Woorinen South.

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 require confirmation that the parties have actually tried a dispute 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 regard the very best interests of the child as the vital factor to consider.

According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:

ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum degree constant with the best interest of the child; and

safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and

guaranteeing that kids get adequate and correct parenting to assist them achieve their complete potential; and

making sure that parents satisfy their duties, and meet their responsibilities, concerning the care, well-being and development of their children.

There are other elements that the Court might take into account in any particular situations.

Why Choose Our Domestic Violence Lawyers Woorinen South VIC

We are passionate regarding giving a specialized domestic violence lawyer Woorinen South service that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be guaranteed of our commitment to your legal requirements.

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