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Divorce Lawyer Wandown VIC

Divorce Lawyer Wandown VIC

Accredited Family Law & Divorce Specialists In Wandown

We understand family law. Our Family and Divorce Solicitors Wandown have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular competence in divorce, child custody and property division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are planning to engage the services of a few of the best family lawyers Wandown has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Wandown, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.

An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no probability 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 living under the exact same roof or if one has provided the other with some family services. It may be hard to develop that separation has happened in these situations and accordingly the Court will need evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will need 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, plan to reside in Wandown indefinitely or otherwise be able to offer evidence that you resided 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 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 consider that appropriate plans have 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 household, and under the age of 18.

Once a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually been made.

As soon as a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Wandown

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

Prior to the beginning of any Court proceedings the parties are needed to participate in, take part and make a genuine effort in solving any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be arranged with the assistance of solicitor, arbitrators and counsellors Wandown.

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 verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must concern the best interests of the child as the critical consideration.

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

guaranteeing that the kids 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 kid; and

securing the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and

making sure that children get appropriate and appropriate parenting to assist them accomplish their complete potential; and

ensuring that parents satisfy their tasks, and meet their responsibilities, concerning the care, welfare and advancement of their children.

There are other aspects that the Court might take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Wandown VIC

We are passionate about providing a specialized Family Law service Wandown that welcomes you, understands you and shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal requirements.

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