Accredited Family Law & Divorce Specialists In Woodleigh
We understand family law. Our Family and Divorce Solicitors Woodleigh have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are planning to engage the services of a few of the very best family legal representatives Woodleigh has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Woodleigh, the Family Law Act 1975 established 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 accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically submitted 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 offered after a 12 month period of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no likelihood 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 same roof or if one has supplied the other with some home services. It might be tough to establish that separation has happened in these circumstances and appropriately the Court will require evidence 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 resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Woodleigh indefinitely or otherwise be able to provide 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 actually been wed for less than 2 years, the Court requires 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 consider that proper arrangements have actually been made for any child of the marriage, or a child from another relationship, or a child who has actually 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 ends up being efficient one month and one day after the Order has been made.
When a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Woodleigh
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the start of any Court procedures the parties are needed to participate in, participate and make an authentic attempt in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be set up with the help of lawyer, arbitrators and counsellors Woodleigh.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must relate to the best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum degree constant with the best interest of the kid; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children receive adequate and correct parenting to assist them achieve their full potential; and
guaranteeing that moms and dads fulfil their responsibilities, and meet their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court may consider in any specific circumstances.
Why Choose Our Family Lawyers Woodleigh VIC
We are passionate about giving a specialty Family Law service Woodleigh that welcomes you, understands you and shows you empathy in hard times. Discover why you can be assured of our commitment to your legal requirements.