Accredited Family Law & Separation Specialists In Woorndoo
We know family law. Our Family and Divorce Lawyers Woorndoo have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, 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 know-how 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 possible, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are looking to engage the services of some of the very best family legal representatives Woorndoo has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Woorndoo, 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 adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship 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 duration of separation. This 12 month separation duration is to be a constant duration and indicates more than physical separation where there is no likelihood 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 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 provided the other with some family services. It might be difficult to establish that separation has taken place in these scenarios and appropriately the Court will need evidence in support 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 established, you or your partner has to regard Australia as your home, plan to live in Woorndoo forever or otherwise have the ability to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has 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 have to consider that appropriate arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Woorndoo
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 commencement of any Court proceedings the parties are required to attend, get involved and make an authentic effort in resolving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of lawyer, conciliators and counsellors Woorndoo.
If no contract can be reached beyond the court system, an individual might 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 receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should relate to the very best interests of the kid as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum extent constant with the very best interest of the child; and
safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids receive sufficient and appropriate parenting to help them attain their complete potential; and
ensuring that parents fulfil their duties, and satisfy their responsibilities, concerning the care, welfare and advancement of their kids.
There are other factors that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Woorndoo VIC
We are passionate about offering a specialized Family Law service Woorndoo that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal needs.