Accredited Family Law & Separation Specialists Near West Footscray 3012
We know family law. Our Family Solicitors West Footscray have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the best possible result. If you are wanting to engage the services of a few of the best family lawyers West Footscray has to offer, then look no more. When engaging one of our specialists, 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 marital relationship.
In West Footscray, 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically submitted 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 file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates 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 living under the very same roof or if one has supplied the other with some home services. It may be difficult to establish that separation has happened in these scenarios and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period 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 established, you or your spouse needs to regard Australia as your home, intend to live in West Footscray forever 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 married for less than 2 years, the Court requires 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 appropriate plans have been made for any child of the marriage, 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.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Order Requirements In West Footscray VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, participate and make an authentic attempt in fixing any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be set up with the assistance of lawyer, mediators and counsellors West Footscray.
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 need verification that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the best interests of the child as the paramount consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum degree consistent with the very best interest of the child; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children get appropriate and proper parenting to assist them accomplish their full potential; and
ensuring that moms and dads fulfil their tasks, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Near West Footscray VIC
We are passionate regarding providing a specialty Family Law service West Footscray that welcomes you, understands you and shows you empathy in hard times. Find out why you can be guaranteed of our commitment to your legal needs.