Accredited Family Law & Divorce Specialists In Woodford
We understand family law. Our Family and Divorce Lawyers Woodford have represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular expertise 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 achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible result. If you are looking to engage the services of some of the very best family legal representatives Woodford has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Woodford, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 file 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 continuous period and suggests more than physical separation where there is no possibility 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 very same roof or if one has actually offered the other with some family services. It may be hard to develop that separation has happened in these circumstances and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period 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 established, you or your spouse needs to regard Australia as your home, mean to reside in Woodford forever or otherwise have the ability to offer evidence that you lived in Australian for a minimum of 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 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 need to think about that correct 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 family, and under the age of 18.
Once a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Woodford
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to participate in, participate and make a real attempt in fixing any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be set up with the support of solicitor, arbitrators and counsellors Woodford.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the very best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum level constant with the best interest of the kid; and
safeguarding the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and appropriate parenting to assist them attain their complete potential; and
ensuring that moms and dads satisfy their tasks, and meet their duties, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers Woodford VIC
We are passionate regarding giving a specialized Family Law service Woodford that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be assured of our dedication to your legal demands.