Accredited Family Law & Divorce Specialists In Worrowing
We know family law. Our Family and Divorce Solicitors Worrowing have actually represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular 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 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 a few of the best family legal representatives Worrowing has to offer, then look no more. 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 marriage.
In Worrowing, the Family Law Act 1975 established 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and implies 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually offered the other with some family services. It may be tough to establish that separation has occurred 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Worrowing indefinitely or otherwise be able to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court needs 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 have to consider that correct 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 treated as a member of that family, and under the age of 18.
When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Worrowing
Applications for Parenting Orders can be brought by either or both of the moms and dads, 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 attend, take part and make a real effort in dealing with any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be arranged with the help of lawyer, conciliators and counsellors Worrowing.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have tried a dispute 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 needs to concern the very best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum degree constant with the very best interest of the kid; and
securing the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get adequate and correct parenting to help them attain their full potential; and
guaranteeing that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Worrowing VIC
We are passionate about offering a specialized Family Law service Worrowing that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal needs.