Accredited Family Law & Divorce Specialists In Woodglen
We know family law. Our Family and Divorce Solicitors Woodglen have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific know-how in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are planning to engage the services of a few of the best family legal representatives Woodglen has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Woodglen, the Family Law Act 1975 established 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 accusations of adultery, violence or abandonment 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 marital relationship 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 duration of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios 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 home services. It might be tough to develop that separation has happened in these situations and accordingly the Court will need 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 has to regard Australia as your home, plan to reside in Woodglen forever or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed 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 think about that appropriate plans have been produced 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.
Once a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Woodglen
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 proceedings the parties are needed to go to, get involved and make a genuine attempt in fixing any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that arrangement 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, conciliators and counsellors Woodglen.
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 need verification that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should relate to the very best interests of the child as the vital factor to consider.
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 parents having a meaningful participation in their lives, to the maximum degree constant with the very best interest of the child; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children receive sufficient and appropriate parenting to help them attain their complete potential; and
guaranteeing that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.
There are other elements that the Court may take into consideration in any specific situations.
Why Choose Our Family Lawyers Woodglen VIC
We are passionate about providing a specialized Family Law service Woodglen that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal demands.