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Divorce Lawyer Woomelang VIC

Divorce Lawyer Woomelang VIC

Accredited Family Law & Divorce Specialists In Woomelang

We know family law. Our Family and Divorce Solicitors Woomelang have represented numerous family law clients over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are wanting to engage the services of a few of the best family solicitors Woomelang has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Woomelang, 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 abandonment are unimportant. The only ground for Divorce is that the marriage has 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 file the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no probability of reconciliation.

The application can be opposed in situations 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 living under the exact same roof or if one has actually supplied the other with some home services. It might be hard to establish that separation has taken place in these scenarios and appropriately the Court will require evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse 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, mean to live in Woomelang forever or otherwise have the ability to supply evidence that you resided 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 needs 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 consider that appropriate arrangements 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 household, and under the age of 18.

When a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.

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

Parenting Orders Woomelang

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.

Prior to the beginning of any Court procedures the parties are required to go to, take part and make a genuine effort in resolving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be set up with the help of lawyer, arbitrators and counsellors Woomelang.

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 need confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.

In parenting matters, a Court needs to concern the very best interests of the kid as the paramount consideration.

Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum degree consistent with the best interest of the kid; and

safeguarding the children from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

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

ensuring that moms and dads satisfy their duties, and meet their obligations, concerning the care, welfare and advancement of their children.

There are other elements that the Court may take into consideration in any specific circumstances.

Why Choose Our Family Lawyers Woomelang VIC

We are passionate regarding providing a specialty Family Law service Woomelang that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal demands.

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