Accredited Family Law & Divorce Specialists In Winnambool
We understand family law. Our Family and Divorce Lawyers Winnambool have actually represented hundreds of family law clients throughout the 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 elements of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are looking to engage the services of a few of the very best family legal representatives Winnambool has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Winnambool, the Family Law Act 1975 developed 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 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 submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no probability 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 not been separated for more than 12 months.
An application can still be made while the parties are residing 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 occurred in these scenarios and accordingly the Court will need proof in assistance 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, plan to live in Winnambool forever or otherwise be able to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed 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 consider 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 home, and under the age of 18.
When a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Winnambool
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 start of any Court proceedings the parties are required to participate in, participate and make a genuine effort in fixing any parenting problems at a household dispute 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 Authorization Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, mediators and counsellors Winnambool.
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 confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree constant with the very best interest of the kid; and
securing the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get sufficient and appropriate parenting to help them achieve their full potential; and
guaranteeing that moms and dads satisfy their duties, and satisfy their duties, concerning the care, welfare and development of their children.
There are other factors that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Winnambool VIC
We are passionate about providing a specialized Family Law service Winnambool that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal demands.