Accredited Family Law & Separation Specialists In Waurn Ponds
We understand family law. Our Family Solicitors Waurn Ponds have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular knowledge in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are aiming to engage the services of a few of the best family solicitors Waurn Ponds has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Waurn Ponds, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally filed 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 period and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 residing under the exact same roof or if one has provided the other with some family services. It might be tough to develop that separation has actually taken place in these scenarios and appropriately the Court will need evidence 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Waurn Ponds forever or otherwise have the ability 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 wed for less than 2 years, the Court requires 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 correct arrangements have been made for any child of the marital relationship, 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 home, and under the age of 18.
When a Divorce has actually been granted 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 just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Waurn Ponds
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, get involved and make an authentic effort in dealing with any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be organized with the assistance of solicitor, mediators and counsellors Waurn Ponds.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the optimum level consistent with the very best interest of the kid; and
safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and proper parenting to assist them attain their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and meet their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into consideration in any specific scenarios.
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