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Divorce Lawyer Wonwondah VIC

Divorce Lawyer Wonwondah VIC

Accredited Family Law & Divorce Specialists In Wonwondah

We understand family law. Our Family and Divorce Solicitors Wonwondah have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific expertise in divorce, child custody and property division.

We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are aiming to engage the services of a few of the very best family legal representatives Wonwondah has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Wonwondah, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship 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 submits the application, or a joint application where both parties submit the application together.

An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a constant period and implies 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 deal with 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 very same roof or if one has provided the other with some home services. It may be hard to develop that separation has taken place in these situations and accordingly the Court will require evidence 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to reside in Wonwondah indefinitely or otherwise be able to provide 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 married for less than 2 years, the Court needs 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 appropriate plans have actually 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 dealt with as a member of that home, and under the age of 18.

When a Divorce has been granted the Divorce becomes effective one month and one day after the Order has actually been made.

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

Parenting Orders Wonwondah

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

Prior to the beginning of any Court procedures the parties are required to attend, participate and make a genuine attempt in fixing any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, arbitrators and counsellors Wonwondah.

If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.

In parenting matters, a Court must regard the very best interests of the kid as the vital consideration.

According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:

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

protecting the kids from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and

guaranteeing that children receive adequate and appropriate parenting to assist them attain their full potential; and

guaranteeing that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, well-being and development of their children.

There are other aspects that the Court might take into consideration in any particular situations.

Why Choose Our Family Lawyers Wonwondah VIC

We are passionate about offering a specialized Family Law service Wonwondah that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal requirements.

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