Accredited Family Law & Divorce Specialists Near Willowmavin 3764
We know family law. Our Family Lawyers Willowmavin have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, married 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 specific expertise in divorce, child custody and residential or commercial property 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 expertly throughout the Court process so that you get the best possible outcome. If you are looking to engage the services of a few of the best family legal representatives Willowmavin has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best in your corner.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Willowmavin, 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 infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 offered the other with some family services. It might be difficult to establish that separation has actually happened in these circumstances and appropriately the Court will require evidence 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 partner needs to regard Australia as your home, intend to live in Willowmavin indefinitely 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 actually been wed for less than 2 years, the Court needs 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 appropriate 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 treated as a member of that household, 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 been made.
When a Divorce has actually taken effect, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this period may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Willowmavin VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to participate in, take part and make a real attempt in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be organized with the assistance of solicitor, mediators and counsellors Willowmavin.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should concern the very best interests of the kid as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree constant with the very best interest of the kid; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive sufficient and correct parenting to assist them attain their complete potential; and
guaranteeing that parents satisfy their duties, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might take into account in any particular circumstances.
Why Choose Our Family Lawyers Near Willowmavin VIC
We are passionate regarding offering a specialized Family Law service Willowmavin that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal needs.