Accredited Family Law & Divorce Specialists In Woorinen South
We know family law. Our Family and Divorce Solicitors Woorinen South have represented numerous family law customers for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and home division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible outcome. If you are planning to engage the services of a few of the very best family lawyers Woorinen South has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Woorinen South, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 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 duration and indicates more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 actually supplied the other with some home services. It may be difficult to develop that separation has happened in these situations and accordingly the Court will need proof 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 person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Woorinen South indefinitely or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court needs 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 have to think about that proper plans 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 family, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Woorinen South
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to attend, participate and make a genuine attempt in fixing any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be organized with the help of solicitor, arbitrators and counsellors Woorinen South.
If no contract 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 tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the best interests of the kid as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level consistent with the best interest of the child; and
protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children receive appropriate and correct parenting to help them accomplish their complete potential; and
ensuring that parents satisfy their tasks, and meet their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Woorinen South VIC
We are passionate about providing a specialty Family Law service Woorinen South that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal needs.