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Divorce Lawyer Woods Point VIC

Divorce Lawyer Woods Point VIC

Accredited Family Law & Divorce Specialists In Woods Point

We know family law. Our Family and Divorce Solicitors Woods Point have represented numerous family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.

We are committed 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 get the very best possible result. If you are seeking to engage the services of a few of the best family lawyers Woods Point has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Woods Point, 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 irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is usually 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 file the application together.

An application for Divorce is only available after a 12 month duration 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 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 household services. It might be tough to establish that separation has occurred in these situations and accordingly the Court will require proof in support 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 developed, you or your partner has to regard Australia as your home, intend to reside in Woods Point indefinitely or otherwise have the ability to offer 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 wed for less than 2 years, the Court requires the parties to go to 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 proper arrangements have 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 treated as a member of that family, and under the age of 18.

As soon as a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.

When a Divorce has taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Woods Point

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.

Prior to the beginning of any Court procedures the parties are required to participate in, participate and make a real effort in solving any parenting problems 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, even more settlements can be arranged with the help of solicitor, conciliators and counsellors Woods Point.

If no agreement 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 tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must relate to the very best interests of the kid 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:

guaranteeing that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum level consistent with the best interest of the kid; and

securing the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and

ensuring that kids get adequate and proper parenting to assist them attain their complete potential; and

ensuring that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their kids.

There are other factors that the Court might take into consideration in any specific scenarios.

Why Choose Our Family Lawyers Woods Point VIC

We are passionate about giving a specialty Family Law service Woods Point that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal needs.

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