Accredited Family Law & Divorce Specialists In Wuk Wuk
We understand family law. Our Family Solicitors Wuk Wuk have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific know-how in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are seeking to engage the services of a few of the very best family legal representatives Wuk Wuk has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Wuk Wuk, 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 allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically submitted 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 just available after a 12 month period of separation. This 12 month separation period is to be a constant duration and indicates 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 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 supplied the other with some household services. It may be hard to develop that separation has happened in these situations and appropriately the Court will require evidence 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 resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Wuk Wuk forever or otherwise be able to supply 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 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 proper arrangements have actually been produced 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 home, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Wuk Wuk
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 start of any Court procedures the parties are needed to go to, participate and make a genuine effort in dealing with any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the assistance of solicitor, mediators and counsellors Wuk Wuk.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should regard 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 fulfilled by:
ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum extent consistent with the best interest of the kid; and
safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive appropriate and correct parenting to assist them accomplish their full potential; and
making sure that moms and dads fulfil their duties, and meet their obligations, concerning the care, well-being and advancement of their children.
There are other factors that the Court might consider in any specific situations.
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