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Divorce Lawyer Woodend VIC

Divorce Lawyer Woodend VIC

Accredited Family Law & Divorce Specialists In Woodend

We understand family law. Our Family and Divorce Lawyers Woodend have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and property division.

We are committed 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 acquire the best possible outcome. If you are looking to engage the services of some of the best family solicitors Woodend has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Woodend, 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 accusations of infidelity, violence or desertion 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 only available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means 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 living under the exact same roof or if one has offered the other with some home services. It might be hard to establish that separation has happened in these circumstances and accordingly the Court will require evidence in support of the application.

In addition to the requirements of a period 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 spouse needs to regard Australia as your home, plan to reside in Woodend indefinitely or otherwise have the ability to supply proof that you lived in Australian for a minimum of 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 marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, 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 taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Woodend

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 beginning of any Court proceedings the parties are required to attend, get involved and make an authentic attempt in dealing with any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, further negotiations can be organized with the support of solicitor, mediators and counsellors Woodend.

If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must relate to the best interests of the child as the paramount consideration.

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

ensuring that the children have the advantage 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 kid; and

securing the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that children receive adequate and appropriate parenting to assist them accomplish their complete potential; and

guaranteeing that moms and dads fulfil their duties, and meet their responsibilities, concerning the care, well-being and advancement of their kids.

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

Why Choose Our Family Lawyers Woodend VIC

We are passionate regarding providing a specialized Family Law service Woodend that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be guaranteed of our dedication to your legal demands.

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