Accredited Family Law & Separation Specialists Near Victoria Valley 3294
We know family law. Our Family Solicitors Victoria Valley have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Victoria Valley has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Victoria Valley, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit 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 constant duration and implies 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 deal with 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 provided the other with some family services. It may be challenging to develop that separation has taken place in these situations and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have 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 Victoria Valley indefinitely or otherwise be able to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances 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 need to consider that correct plans have been made for 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 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 actually worked, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Victoria Valley VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, get involved and make a real attempt in fixing any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be set up with the support of solicitor, arbitrators and counsellors Victoria Valley.
If no contract can be reached outside of 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 conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must relate to the very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum level constant with the best interest of the child; and
securing the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive appropriate and correct parenting to assist them achieve their full potential; and
making sure that moms and dads satisfy their responsibilities, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court might consider in any particular situations.
Why Choose Our Family Lawyers Near Victoria Valley VIC
We are passionate about providing a specialized Family Law service Victoria Valley that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be guaranteed of our commitment to your legal demands.