Accredited Family Law & Divorce Specialists Near Wendouree Village 3355
We know family law. Our Family Lawyers Wendouree Village have represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not possible, 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 a few of the best family legal representatives Wendouree Village has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marriage.
In Wendouree Village, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests 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 filed 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 submit the application together.
An application for Divorce is just readily available 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 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 exact same roof or if one has supplied the other with some household services. It may be difficult to develop that separation has taken place in these circumstances and accordingly 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 partner 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, plan to live in Wendouree Village forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 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 needs the parties to attend 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 proper plans 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 granted the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wendouree Village VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, get involved and make a real attempt in solving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be set up with the assistance of solicitor, mediators and counsellors Wendouree Village.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have 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 should regard the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids get sufficient and appropriate parenting to help them attain their complete potential; and
making sure that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may consider in any specific circumstances.
Why Choose Our Family Lawyers Near Wendouree Village VIC
We are passionate about offering a specialized Family Law service Wendouree Village that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal requirements.