Accredited Family Law & Separation Specialists Near Wattle Creek 3384
We know family law. Our Family Lawyers Wattle Creek have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are aiming to engage the services of some of the very best family legal representatives Wattle Creek has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Wattle Creek, 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually filed 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 submit the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and indicates 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 residing under the exact same roof or if one has actually offered the other with some household services. It might be difficult to develop that separation has happened in these situations and accordingly 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 partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Wattle Creek forever or otherwise have the ability to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances 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 need to consider that appropriate 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 family, and under the age of 18.
When a Divorce has been granted the Divorce becomes effective one month and one day after the Order has actually 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 period may be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wattle Creek VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to participate in, participate and make a real attempt in resolving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract 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 support of lawyer, arbitrators and counsellors Wattle Creek.
If no arrangement can be reached outside of the court system, a person might 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 invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum degree consistent with the best interest of the kid; and
safeguarding the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get adequate and correct parenting to help them accomplish their full potential; and
guaranteeing that moms and dads fulfil their responsibilities, and fulfill their obligations, concerning the care, welfare and advancement of their children.
There are other elements that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Near Wattle Creek VIC
We are passionate about giving a specialty Family Law service Wattle Creek that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal demands.