Accredited Family Law & Divorce Specialists In Wimbledon Heights
We know family law. Our Family Solicitors Wimbledon Heights have represented numerous family law customers over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise 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 attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are wanting to engage the services of a few of the best family solicitors Wimbledon Heights has to offer, then look no more. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Wimbledon Heights, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept 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 generally filed 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 just offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no probability 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 living under the exact same roof or if one has provided the other with some home services. It might be difficult to establish that separation has taken place in these circumstances and appropriately the Court will need proof in support 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 person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Wimbledon Heights indefinitely or otherwise be able to offer proof that you lived 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 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 think about that correct plans have actually 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 treated as a member of that household, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has actually worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Wimbledon Heights
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 kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, participate and make a genuine attempt in fixing any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors Wimbledon Heights.
If no arrangement can be reached outside of 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 getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree constant with the best interest of the kid; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that kids get adequate and proper parenting to help them accomplish their full potential; and
making sure that parents fulfil their tasks, and meet their obligations, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into consideration in any particular circumstances.
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