Accredited Family Law & Divorce Specialists In Wehla
We know family law. Our Family and Divorce Solicitors Wehla have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, 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 specific proficiency in divorce, child custody and property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are aiming to engage the services of a few of the best family legal representatives Wehla has to offer, then look no further. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Wehla, the Family Law Act 1975 developed 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 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 usually submitted 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 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 handle 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 actually supplied the other with some home services. It may be difficult to develop that separation has actually occurred in these situations 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 partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Wehla forever or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 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 needs the parties to participate in 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 correct plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Wehla
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to attend, get involved and make a real attempt in solving any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be arranged with the assistance of lawyer, conciliators and counsellors Wehla.
If no contract can be reached beyond 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 obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the kid as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the very best interest of the child; and
protecting the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that kids get adequate and proper parenting to help them attain their full potential; and
making sure that parents satisfy their responsibilities, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Wehla VIC
We are passionate about providing a specialized Family Law service Wehla that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be assured of our dedication to your legal requirements.