Accredited Family Law & Divorce Specialists In Waurn Ponds
We understand family law. Our Family and Divorce Lawyers Waurn Ponds have represented numerous family law customers over the years and act for mums, fathers, grandmas, 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 know-how in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are wanting to engage the services of a few of the very best family lawyers Waurn Ponds has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Waurn Ponds, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage 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 marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no likelihood 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually supplied the other with some household services. It might be difficult to establish that separation has actually happened in these scenarios and accordingly the Court will need proof 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 resident 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 Waurn Ponds indefinitely or otherwise have the ability to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married 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 have to consider that proper arrangements 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.
When a Divorce has actually been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Waurn Ponds
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, participate and make a genuine effort in solving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be arranged with the help of solicitor, conciliators and counsellors Waurn Ponds.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should relate to the very best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the optimum extent constant with the very best interest of the kid; and
securing the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that kids get adequate and proper parenting to assist them accomplish their full potential; and
guaranteeing that moms and dads fulfil their responsibilities, and meet their responsibilities, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Waurn Ponds VIC
We are passionate about offering a specialty Family Law service Waurn Ponds that welcomes you, understands you and shows you empathy in hard times. Find out why you can be assured of our commitment to your legal needs.