Accredited Family Law & Divorce Specialists In Wandin North
We know family law. Our Family and Divorce Solicitors Wandin North have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.
We are committed to assisting 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 very best possible outcome. If you are seeking to engage the services of some of the best family lawyers Wandin North has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Wandin North, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates 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 actually 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 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 duration is to be a constant duration and suggests 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 same roof or if one has actually offered the other with some home services. It may be challenging to develop that separation has taken place in these circumstances and appropriately the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person 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 Wandin North indefinitely or otherwise have the ability to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances 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 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.
When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Wandin North
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 beginning of any Court proceedings the parties are needed to participate in, get involved and make a genuine effort in solving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be organized with the support of solicitor, mediators and counsellors Wandin North.
If no arrangement 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 tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the best interests of the child 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:
making sure that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum extent constant with the best interest of the child; and
protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive sufficient and appropriate parenting to help them achieve their full potential; and
making sure that moms and dads satisfy their duties, and satisfy their duties, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Wandin North VIC
We are passionate about offering a specialized Family Law service Wandin North that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be guaranteed of our dedication to your legal demands.