Accredited Family Law & Divorce Specialists In Wentworth
We understand family law. Our Family and Divorce Solicitors Wentworth have actually represented numerous family law customers for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.
We are committed 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 procedure so that you obtain the very best possible outcome. If you are aiming to engage the services of a few of the best family legal representatives Wentworth has to offer, then look no more. When engaging among our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Wentworth, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no possibility 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 exact same roof or if one has offered the other with some household services. It might be tough to establish that separation has actually taken place in these scenarios and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Wentworth forever 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 married for less than 2 years, the Court needs 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 have to consider that proper arrangements have been produced 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 home, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Wentworth
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are required to go to, participate and make a real attempt in dealing with any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be arranged with the help of lawyer, conciliators and counsellors Wentworth.
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 confirmation that the parties have actually attempted a conflict 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 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 children have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the kid; and
securing the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and proper parenting to assist them achieve their full potential; and
guaranteeing that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, well-being and development of their children.
There are other elements that the Court may take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Wentworth VIC
We are passionate about giving a specialized Family Law service Wentworth that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal needs.