Call Us 1300 241 740

Divorce Lawyer Whitelaw VIC

Divorce Lawyer Whitelaw VIC

Accredited Family Law & Divorce Specialists In Whitelaw

We understand family law. Our Family and Divorce Solicitors Whitelaw have represented numerous 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 legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and home division.

We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are planning to engage the services of some of the best family lawyers Whitelaw has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Whitelaw, 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually filed 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 submit the application together.

An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies more than physical separation where there is no likelihood 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 exact same roof or if one has supplied the other with some home services. It might be hard to develop that separation has taken place in these situations and appropriately the Court will require evidence in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to reside in Whitelaw indefinitely or otherwise have the ability to offer 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 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 think about that appropriate plans have been made for any child of the marital relationship, 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 been granted the Divorce becomes reliable 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 file an application for property/financial and spousal upkeep. An extension to this duration might be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Whitelaw

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.

Prior to the start 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 conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, arbitrators and counsellors Whitelaw.

If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should concern the very best interests of the kid as the critical consideration.

Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum level consistent with the very best interest of the kid; and

safeguarding the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and

guaranteeing that children get sufficient and appropriate parenting to help them attain their full potential; and

making sure that parents satisfy their tasks, and satisfy their obligations, concerning the care, welfare and development of their children.

There are other aspects that the Court may take into account in any particular situations.

Why Choose Our Family Lawyers Whitelaw VIC

We are passionate about providing a specialized Family Law service Whitelaw that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be guaranteed of our dedication to your legal demands.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now