Accredited Family Law & Separation Specialists In Lake Wendouree
We know family law. Our Family Lawyers Lake Wendouree have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are looking to engage the services of a few of the best family lawyers Lake Wendouree has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Lake Wendouree, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 marital relationship 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 file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means 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 actually 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 actually offered the other with some household services. It may be hard to establish that separation has actually taken place in these circumstances and appropriately the Court will require evidence in assistance 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 resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Lake Wendouree forever or otherwise have the ability to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court requires 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 consider that correct arrangements have 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 dealt with as a member of that family, and under the age of 18.
When a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Lake Wendouree
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are required to attend, take part and make a genuine attempt in fixing any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be set up with the support of lawyer, conciliators and counsellors Lake Wendouree.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification 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 needs to regard the best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum extent consistent with the very best interest of the kid; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children receive appropriate and appropriate parenting to assist them achieve their complete potential; and
ensuring that parents fulfil their tasks, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into consideration in any specific situations.
Why Choose Our Family Lawyers Lake Wendouree VIC
We are passionate regarding giving a specialized Family Law service Lake Wendouree that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal needs.