Accredited Family Law & Divorce Specialists In Williams Landing
We know family law. Our Family and Divorce Lawyers Williams Landing have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are aiming to engage the services of some of the very best family solicitors Williams Landing has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Williams Landing, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no likelihood 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 actually 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 provided the other with some home services. It might be difficult to establish that separation has actually occurred in these scenarios and accordingly the Court will need proof 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Williams Landing indefinitely or otherwise have the ability to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed 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 need to consider that correct arrangements 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.
As soon as a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Williams Landing
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, take part and make a real effort in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be set up with the assistance of solicitor, arbitrators and counsellors Williams Landing.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should relate to the best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum level constant with the very best interest of the kid; and
protecting the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive sufficient and appropriate parenting to assist them attain their complete potential; and
guaranteeing that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Williams Landing VIC
We are passionate regarding offering a specialized Family Law service Williams Landing that welcomes you, understands you and shows you empathy in hard times. Discover why you can be assured of our dedication to your legal demands.