Accredited Family Law & Divorce Specialists In Wattle Glen
We know family law. Our Family Solicitors Wattle Glen have actually represented hundreds of family law clients over the 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 elements of family law, having specific know-how in divorce, child custody and home 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 expertly throughout the Court process so that you get the very best possible outcome. If you are looking to engage the services of a few of the best family lawyers Wattle Glen has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Wattle Glen, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates 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 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration 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 handle 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 provided the other with some household services. It may be tough to develop that separation has occurred in these situations and accordingly 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 partner 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, plan to live in Wattle Glen indefinitely or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 think about that appropriate plans 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 dealt with as a member of that household, 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 been made.
When a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Wattle Glen
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 go to, take part and make a genuine effort in fixing any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors Wattle Glen.
If no contract can be reached outside of the court system, an individual might 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 beginning of Court proceedings.
In parenting matters, a Court should regard the very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
protecting the children from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive sufficient and correct parenting to assist them achieve their complete potential; and
ensuring that moms and dads fulfil their duties, and satisfy their obligations, concerning the care, welfare and development of their kids.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Domestic Violence Lawyers Wattle Glen VIC
We are passionate about offering a specialized domestic violence lawyer Wattle Glen service that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal needs.