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Divorce Lawyer Woolenook VIC

Divorce Lawyer Woolenook VIC

Accredited Family Law & Divorce Specialists In Woolenook

We know family law. Our Family and Divorce Lawyers Woolenook have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, 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 know-how in divorce, child custody and property division.

We are dedicated to helping 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 obtain the very best possible outcome. If you are planning to engage the services of some of the best family solicitors Woolenook has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Woolenook, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 constant duration and indicates 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 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 very same roof or if one has offered the other with some family services. It might be hard to develop that separation has actually taken place in these situations and accordingly the Court will need evidence in assistance 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 resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Woolenook indefinitely or otherwise have the ability to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has actually been married 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 correct 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 home, and under the age of 18.

When a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has actually been made.

When a Divorce has actually worked, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Woolenook

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 commencement of any Court procedures the parties are required to participate in, take part and make a real effort in dealing with any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be set up with the help of solicitor, mediators and counsellors Woolenook.

If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should concern the best interests of the kid as the vital consideration.

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

making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum degree consistent with the best interest of the child; and

securing the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and

guaranteeing that children get adequate and proper parenting to help them accomplish their complete potential; and

ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.

There are other factors that the Court might take into account in any particular situations.

Why Choose Our Family Lawyers Woolenook VIC

We are passionate about giving a specialized Family Law service Woolenook that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.

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