Accredited Family Law & Separation Specialists In Woodford
We know family law. Our Family Solicitors Woodford have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are aiming to engage the services of a few of the best family solicitors Woodford has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Woodford, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally 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 offered after a 12 month period of separation. This 12 month separation period is to be a constant duration and suggests 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 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 supplied the other with some home services. It may be challenging to establish that separation has actually taken place in these situations and accordingly the Court will need proof 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Woodford forever or otherwise be able to offer evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually 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 have to consider that correct arrangements have been made for any child of the marriage, 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 actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Woodford
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 child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a genuine effort in resolving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be set up with the assistance of solicitor, arbitrators and counsellors Woodford.
If no contract 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 attempted a dispute 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 needs to regard the very best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum degree consistent with the very best interest of the kid; and
safeguarding the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive adequate and appropriate parenting to assist them achieve their full potential; and
guaranteeing that parents fulfil their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court may consider in any particular situations.
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