Accredited Family Law & Separation Specialists Near West Wodonga 3690
We understand family law. Our Family Solicitors West Wodonga have actually represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, 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 knowledge in divorce, child custody and residential or commercial property division.
We are committed to assisting 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 obtain the very best possible outcome. If you are looking to engage the services of a few of the very best family lawyers West Wodonga has to offer, then look no further. When engaging among our experts, you can rest assured 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 West Wodonga, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies 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 marriage has actually 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous 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 not been separated for more than 12 months.
An application can still be made while the parties are residing under the very same roof or if one has actually offered the other with some home services. It may be challenging to develop that separation has happened in these scenarios and accordingly the Court will need proof in support 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in West Wodonga indefinitely or otherwise be able to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been married 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 have to consider that correct arrangements 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 household, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In West Wodonga VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court procedures the parties are required to attend, participate and make a real attempt in solving any parenting concerns 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 agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be set up with the assistance of lawyer, arbitrators and counsellors West Wodonga.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very 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 consistent with the very best interest of the child; and
safeguarding the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive sufficient and appropriate parenting to help them attain their full potential; and
making sure that parents satisfy their duties, and fulfill their duties, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Near West Wodonga VIC
We are passionate about giving a specialty Family Law service West Wodonga that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal demands.