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Divorce Lawyer Willatook VIC

Divorce Lawyer Willatook VIC

Accredited Family Law & Divorce Specialists In Willatook

We understand family law. Our Family and Divorce Lawyers Willatook have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.

We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are looking to engage the services of a few of the best family legal representatives Willatook has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Willatook, 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 infidelity, 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 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 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 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 same roof or if one has offered the other with some family services. It might be hard to establish that separation has happened in these situations and accordingly the Court will need proof in support 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, mean to live in Willatook indefinitely or otherwise be able to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually 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 have to think about 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 family, 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.

As soon as a Divorce has actually taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Willatook

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

Prior to the commencement of any Court procedures the parties are needed to go to, take part and make an authentic effort in resolving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be arranged with the assistance of lawyer, conciliators and counsellors Willatook.

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 require verification that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court should regard the best interests of the child as the paramount consideration.

Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:

ensuring that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level constant with the very best interest of the child; and

safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and

guaranteeing that kids get adequate and appropriate parenting to help them achieve their complete potential; and

making sure that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, well-being and advancement of their kids.

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

Why Choose Our Family Lawyers Willatook VIC

We are passionate about providing a specialized Family Law service Willatook that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal needs.

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