Accredited Family Law & Separation Specialists In Wongungarra
We understand family law. Our Family and Divorce Lawyers Wongungarra have represented hundreds of family law clients for many years and act for mums, dads, 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 particular proficiency in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible outcome. If you are looking to engage the services of some of the best family legal representatives Wongungarra has to offer, then look no more. When engaging among our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Wongungarra, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has 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 offered after a 12 month period of separation. This 12 month separation period is to be a constant duration 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 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 residing under the same roof or if one has actually supplied the other with some household services. It may be tough to develop that separation has taken place in these situations and accordingly 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Wongungarra forever or otherwise have the ability to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married 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 think about that proper arrangements have been made for any child of the marital relationship, 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.
When a Divorce has been given the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Wongungarra
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to go to, take part and make a genuine effort in fixing any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be organized with the support of solicitor, conciliators and counsellors Wongungarra.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the best interests of the kid as the paramount consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met 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 degree consistent with the very best interest of the child; and
safeguarding the children from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get adequate and correct parenting to assist them achieve their complete potential; and
ensuring that moms and dads satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court may consider in any particular situations.
Why Choose Our Family Lawyers Wongungarra VIC
We are passionate about offering a specialized Family Law service Wongungarra that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal demands.