Call Us 1300 241 740

Divorce Lawyer Walkerville VIC

Divorce Lawyer Walkerville VIC

Accredited Family Law & Divorce Specialists In Walkerville

We understand family law. Our Family and Divorce Solicitors Walkerville have represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandpas, 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 specific know-how in divorce, child custody and property division.

We are committed to helping 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 very best possible result. If you are aiming to engage the services of a few of the best family solicitors Walkerville has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Walkerville, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is normally 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 duration of separation. This 12 month separation period is to be a continuous period and suggests 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 same roof or if one has supplied the other with some family services. It may be difficult to develop that separation has occurred in these circumstances and accordingly the Court will require proof in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to reside in Walkerville indefinitely or otherwise be able to supply 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 been married 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 need to think about that proper plans have been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.

Once a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.

When a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be approved in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Walkerville

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

Prior to the commencement of any Court proceedings the parties are needed to attend, get involved and make an authentic attempt in solving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract 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 organized with the help of solicitor, mediators and counsellors Walkerville.

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 need confirmation that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should regard the best interests of the kid as the paramount consideration.

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

guaranteeing that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the very best interest of the child; and

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

making sure that children get adequate and correct parenting to assist them accomplish their full potential; and

making sure that parents fulfil their tasks, and satisfy their obligations, concerning the care, welfare and development of their children.

There are other elements that the Court may take into account in any specific situations.

Why Choose Our Family Lawyers Walkerville VIC

We are passionate about offering a specialty Family Law service Walkerville that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal demands.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now