Accredited Family Law & Separation Specialists In Wool Wool
We understand family law. Our Family Lawyers Wool Wool have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandpas, married 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 proficiency in divorce, child custody and property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, 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 lawyers Wool Wool has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Wool Wool, the Family Law Act 1975 developed 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 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 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 offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and means 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 living under the very same roof or if one has provided the other with some home services. It may be challenging to develop that separation has actually happened in these scenarios and accordingly the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Wool Wool indefinitely or otherwise be able to supply 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 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 have to consider that appropriate 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 been granted the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Wool Wool
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make an authentic effort in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be arranged with the assistance of lawyer, mediators and counsellors Wool Wool.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must regard the very best interests of the kid as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum level constant with the best interest of the child; and
safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children receive appropriate and proper parenting to assist them attain their full potential; and
making sure that parents satisfy their responsibilities, and meet their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court may consider in any specific situations.
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