Accredited Family Law & Divorce Specialists In Willaura
We know family law. Our Family and Divorce Lawyers Willaura have actually represented hundreds of 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 aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are committed 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 obtain the best possible result. If you are seeking to engage the services of some of the best family legal representatives Willaura has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Willaura, 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 adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered 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 possibility of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 family services. It might be difficult to establish that separation has actually taken place in these circumstances and accordingly the Court will require proof in assistance 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to live in Willaura forever or otherwise be able to supply proof that you lived 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 requires 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 think about that appropriate plans have been produced 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.
When a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Willaura
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are needed to attend, get involved and make a genuine effort in resolving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be set up with the help of lawyer, arbitrators and counsellors Willaura.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the child as the vital factor to consider.
Inning accordance with section 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 meaningful participation in their lives, to the optimum level consistent with the best interest of the child; and
protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to help them accomplish their complete potential; and
making sure that parents satisfy their responsibilities, and meet their responsibilities, concerning the care, well-being and advancement of their children.
There are other elements that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Willaura VIC
We are passionate regarding providing a specialized Family Law service Willaura that welcomes you, understands you and shows you empathy in hard times. Find out why you can be assured of our dedication to your legal needs.