Accredited Family Law & Separation Specialists In Wickliffe
We know family law. Our Family Solicitors Wickliffe have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and 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 skillfully throughout the Court process so that you obtain the best possible result. If you are planning to engage the services of a few of the best family solicitors Wickliffe has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Wickliffe, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 marital relationship has broken down irretrievably.
Any application for Divorce is usually 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 available after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 living under the same roof or if one has supplied the other with some household services. It may be difficult to develop that separation has taken place in these situations and appropriately the Court will need proof 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 established, you or your spouse has to regard Australia as your home, intend to reside in Wickliffe forever or otherwise have the ability 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 married for less than 2 years, the Court needs the parties to participate in 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 appropriate arrangements 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 dealt with as a member of that family, and under the age of 18.
When a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Wickliffe
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 beginning of any Court procedures the parties are required to attend, participate and make an authentic effort in resolving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be set up with the support of solicitor, conciliators and counsellors Wickliffe.
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 confirmation that the parties have 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 procedures.
In parenting matters, a Court should regard the best interests of the kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the best interest of the child; and
safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and appropriate parenting to assist them attain their full potential; and
making sure that parents satisfy their duties, and meet their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Domestic Violence Lawyers Wickliffe VIC
We are passionate regarding giving a specialty domestic violence lawyer Wickliffe service that welcomes you, understands you and shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal needs.