Accredited Family Law & Divorce Specialists In Wee Wee Rup
We know family law. Our Family and Divorce Solicitors Wee Wee Rup have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are planning to engage the services of some of the best family solicitors Wee Wee Rup has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Wee Wee Rup, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, 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 just readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to deal with 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 offered the other with some family services. It may be hard to establish that separation has actually occurred in these situations and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Wee Wee Rup indefinitely or otherwise be able to provide 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 wed for less than 2 years, the Court requires the parties to go to 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 arrangements have actually 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 dealt with as a member of that home, and under the age of 18.
When a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Wee Wee Rup
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, take part and make an authentic effort in solving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be organized with the support of lawyer, mediators and counsellors Wee Wee Rup.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum level constant with the very best interest of the kid; and
protecting the kids from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive sufficient and proper parenting to assist them accomplish their complete potential; and
making sure that moms and dads satisfy their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Wee Wee Rup VIC
We are passionate regarding providing a specialty Family Law service Wee Wee Rup that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be guaranteed of our dedication to your legal needs.