Accredited Family Law & Divorce Specialists In Lake Wongan
We know family law. Our Family Lawyers Lake Wongan have actually represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and 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 get the best possible result. If you are looking to engage the services of a few of the best family legal representatives Lake Wongan has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Lake Wongan, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is typically filed 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 readily available 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 circumstances where the Court does not have jurisdiction to deal with 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 same roof or if one has actually supplied the other with some family services. It might be tough to establish that separation has actually occurred in these circumstances and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have 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, plan to reside in Lake Wongan forever or otherwise have the ability to provide 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 been married 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 need to consider that appropriate plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Lake Wongan
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 attempt in solving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be set up with the help of lawyer, mediators and counsellors Lake Wongan.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must regard the very best interests of the child as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum degree consistent with the very best interest of the kid; and
safeguarding the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get appropriate and correct parenting to help them achieve their full potential; and
ensuring that parents satisfy their responsibilities, and meet their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Lake Wongan VIC
We are passionate regarding providing a specialty Family Law service Lake Wongan that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal demands.