Accredited Family Law & Divorce Specialists In West Wodonga
We understand family law. Our Family and Divorce Lawyers West Wodonga have represented hundreds of family law customers over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and home division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives West Wodonga has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In West Wodonga, 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 accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 home services. It might be difficult to develop that separation has actually occurred in these circumstances and accordingly 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 need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in West Wodonga 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 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 need 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 household, and under the age of 18.
As soon as a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders West Wodonga
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, get involved and make an authentic effort in solving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors West Wodonga.
If no contract can be reached beyond 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 conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the very best interests of the kid as the critical consideration.
According to area 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 moms and dads having a significant involvement in their lives, to the optimum degree constant with the very best interest of the child; and
safeguarding the children from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get sufficient and proper parenting to assist them attain their complete potential; and
making sure that parents satisfy their duties, and satisfy their duties, concerning the care, welfare and development of their kids.
There are other elements that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers West Wodonga VIC
We are passionate regarding providing a specialty Family Law service West Wodonga that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal needs.