Accredited Family Law & Separation Specialists In Wood Wood
We know family law. Our Family and Divorce Solicitors Wood Wood have actually represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives 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 procedure so that you get the very best possible outcome. If you are wanting to engage the services of a few of the very best family legal representatives Wood Wood has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Wood Wood, the Family Law Act 1975 developed 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 infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically 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 available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no possibility 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 residing under the same roof or if one has supplied the other with some family services. It may be difficult to establish that separation has occurred in these situations and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Wood Wood indefinitely or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually 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 need to consider that correct plans have actually been produced 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 household, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has actually worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Wood Wood
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 commencement of any Court proceedings the parties are required to go to, participate and make a genuine effort in solving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of lawyer, mediators and counsellors Wood Wood.
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 confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the best interests of the child 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 maximum extent constant with the best interest of the child; and
securing the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children receive adequate and correct parenting to assist them achieve their complete potential; and
ensuring that parents satisfy their tasks, and meet their duties, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Wood Wood VIC
We are passionate about offering a specialty Family Law service Wood Wood that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal requirements.