Accredited Family Law & Divorce Specialists Near Walhalla 3825
We understand family law. Our Family Lawyers Walhalla have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific know-how in divorce, child custody and property division.
We are devoted 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 process so that you obtain the very best possible outcome. If you are aiming to engage the services of some of the very best family lawyers Walhalla has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marriage.
In Walhalla, the Family Law Act 1975 developed 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no possibility 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 residing under the same roof or if one has actually provided the other with some home services. It might be difficult to develop that separation has taken place in these circumstances and appropriately the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Walhalla indefinitely 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 instances where a couple has been wed for less than 2 years, the Court requires 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 plans 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 dealt with as a member of that home, and under the age of 18.
When a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Walhalla VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, take part and make an authentic effort in fixing any parenting problems at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be arranged with the support of lawyer, mediators and counsellors Walhalla.
If no agreement can be reached beyond the court system, a person 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 commencement of Court proceedings.
In parenting matters, a Court must relate to the best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum degree consistent with the best interest of the kid; and
protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get appropriate and proper parenting to help them attain their full potential; and
making sure that parents fulfil their duties, and meet their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Near Walhalla VIC
We are passionate about offering a specialty Family Law service Walhalla that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our commitment to your legal demands.