Accredited Family Law & Divorce Specialists In West Wodonga
We know family law. Our Family Solicitors West Wodonga have represented hundreds of family law customers throughout the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives 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 committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are wanting to engage the services of a few of the best family lawyers West Wodonga has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In West Wodonga, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests 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 actually broken down irretrievably.
Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration 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 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 supplied the other with some household services. It might be difficult to establish that separation has taken place in these circumstances and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a duration 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 established, you or your spouse has to regard Australia as your home, intend to live in West Wodonga indefinitely or otherwise have the ability to offer evidence that you resided 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 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 think about that appropriate plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has been given the Divorce becomes reliable one month and one day after the Order has been made.
When 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 period might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders West Wodonga
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, take part and make an authentic attempt in resolving any parenting problems at a household disagreement resolution conference. Following completion 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 agreement can be reached, further negotiations can be organized with the assistance of lawyer, arbitrators and counsellors West Wodonga.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation 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 start of Court proceedings.
In parenting matters, a Court should regard the very best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the very best interest of the child; and
safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to assist them accomplish their full potential; and
ensuring that moms and dads fulfil their tasks, and meet their obligations, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into consideration in any particular circumstances.
Why Choose Our Domestic Violence Lawyers West Wodonga VIC
We are passionate regarding providing a specialty domestic violence lawyer West Wodonga service that welcomes you, understands you and shows you empathy in tough times. Discover why you can be assured of our commitment to your legal demands.