Call Us 1300 241 740

Domestic Violence Lawyer Wendouree VIC

Domestic Violence Lawyer Wendouree VIC

Accredited Family Law & Divorce Specialists In Wendouree

We understand family law. Our Family Lawyers Wendouree have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific know-how in divorce, child custody and residential or commercial property division.

We are dedicated 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 very best possible outcome. If you are aiming to engage the services of some of the best family solicitors Wendouree has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Wendouree, the Family Law Act 1975 established 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 adultery, violence or abandonment are unimportant. 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 marital relationship files the application, or a joint application where both parties submit the application together.

An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and suggests more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 residing under the very same roof or if one has actually provided the other with some household services. It may be tough to develop that separation has actually taken place in these scenarios and appropriately the Court will require evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need 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, intend to live in Wendouree indefinitely or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been wed 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 need to think about that proper plans 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 treated as a member of that family, and under the age of 18.

As soon as a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has been made.

As soon as a Divorce has taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Wendouree

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.

Prior to the commencement of any Court proceedings the parties are needed to participate in, participate and make a real effort in resolving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, conciliators and counsellors Wendouree.

If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court should concern the best interests of the kid as the paramount consideration.

According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:

making sure that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum extent constant with the very best interest of the child; and

protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that children get adequate and proper parenting to help them achieve their full potential; and

ensuring that moms and dads satisfy their duties, and meet their obligations, concerning the care, well-being and development of their kids.

There are other factors that the Court might take into account in any specific scenarios.

Why Choose Our Domestic Violence Lawyers Wendouree VIC

We are passionate about providing a specialized domestic violence lawyer Wendouree service that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal needs.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now