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Divorce Lawyer Williamstown VIC

Divorce Lawyer Williamstown VIC

Accredited Family Law & Separation Specialists In Williamstown

We understand family law. Our Family and Divorce Lawyers Williamstown have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge 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 possible, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are wanting to engage the services of some of the best family legal representatives Williamstown has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Williamstown, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is generally 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 readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and means 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 handle 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 supplied the other with some household services. It might be challenging to develop that separation has occurred in these circumstances and appropriately the Court will require proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Williamstown forever or otherwise be able to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been wed 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 have to consider that correct arrangements have actually been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that family, and under the age of 18.

Once a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.

As soon as a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Williamstown

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

Prior to the commencement of any Court proceedings the parties are required to go to, participate and make an authentic attempt in resolving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be arranged with the help of solicitor, mediators and counsellors Williamstown.

If no arrangement 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 concern the best interests of the child as the paramount factor to consider.

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

ensuring that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level constant with the best interest of the kid; and

securing the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and

ensuring that kids get appropriate and proper parenting to assist them accomplish their complete potential; and

guaranteeing that parents fulfil their responsibilities, and fulfill their obligations, concerning the care, well-being and advancement of their children.

There are other elements that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers Williamstown VIC

We are passionate regarding giving a specialized Family Law service Williamstown that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our dedication to your legal demands.

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