Accredited Family Law & Divorce Specialists In Woolenook
We know family law. Our Family Solicitors Woolenook have represented numerous family law clients 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 lawyers can represent you in all aspects of family law, having particular knowledge in divorce, child custody and home division.
We are committed to assisting 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 obtain the best possible outcome. If you are wanting to engage the services of some of the best family legal representatives Woolenook has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Woolenook, the Family Law Act 1975 developed 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 accusations of infidelity, 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 submitted 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 submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no likelihood 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 residing under the same roof or if one has actually offered the other with some family services. It may be difficult to establish that separation has actually happened in these situations and accordingly 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Woolenook forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 produced 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 family, and under the age of 18.
As soon as 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 taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Woolenook
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to participate in, take part and make a real effort in resolving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be set up with the support of solicitor, mediators and counsellors Woolenook.
If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum extent consistent with the best interest of the child; and
protecting the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
making sure that kids receive sufficient and appropriate parenting to help them attain their full potential; and
guaranteeing that parents satisfy their duties, and fulfill their obligations, concerning the care, well-being and development of their children.
There are other elements that the Court may take into account in any specific scenarios.
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