Accredited Family Law & Divorce Specialists In Watergardens
We know family law. Our Family and Divorce Solicitors Watergardens have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency 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 achievable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are looking to engage the services of a few of the best family lawyers Watergardens has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Watergardens, 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 allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically 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 file the application together.
An application for Divorce is just 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has supplied the other with some household services. It might be challenging to establish that separation has actually occurred in these circumstances and appropriately the Court will need evidence in support 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Watergardens indefinitely or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 have to consider that proper plans have actually 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.
When a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Watergardens
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, take part and make a real effort in solving any parenting problems at a household dispute 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 Permission Orders. If no agreement can be reached, even more negotiations can be set up with the support of lawyer, arbitrators and counsellors Watergardens.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must concern the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum level constant with the very best interest of the kid; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that kids receive appropriate and proper parenting to help them attain their full potential; and
ensuring that moms and dads fulfil their tasks, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Watergardens VIC
We are passionate about offering a specialty Family Law service Watergardens that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal demands.