Accredited Family Law & Separation Specialists In Wendouree Village
We know family law. Our Family and Divorce Lawyers Wendouree Village have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible outcome. If you are looking to engage the services of some of the best family legal representatives Wendouree Village has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Wendouree Village, the Family Law Act 1975 established 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 accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 only available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and suggests more than physical separation where there is no likelihood 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 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 supplied the other with some family services. It might be difficult to develop that separation has occurred in these circumstances 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Wendouree Village forever or otherwise have the ability to offer evidence that you resided in Australian for at least 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 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 think about that proper arrangements have 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 family, and under the age of 18.
As soon as a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Wendouree Village
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to attend, get involved and make a genuine attempt in fixing any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be arranged with the help of solicitor, conciliators and counsellors Wendouree Village.
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 attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must concern the best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum level constant with the very best interest of the child; and
securing the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and correct parenting to help them attain their full potential; and
making sure that parents fulfil their tasks, and satisfy their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Wendouree Village VIC
We are passionate about providing a specialty Family Law service Wendouree Village that welcomes you, understands you and shows you empathy in hard times. Learn why you can be assured of our dedication to your legal needs.