Accredited Family Law & Divorce Specialists Near Wonthaggi 3995
We understand family law. Our Family Lawyers Wonthaggi have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandfathers, 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 expertise in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are wanting to engage the services of some of the very best family solicitors Wonthaggi has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marriage.
In Wonthaggi, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally submitted 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 continuous period and indicates 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 deal with 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 offered the other with some home services. It may be difficult to develop that separation has actually occurred in these situations and accordingly the Court will require evidence in support 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to reside in Wonthaggi indefinitely or otherwise be able to provide 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 requires the parties to participate in 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 think about that appropriate plans have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wonthaggi 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 child’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, take part and make a real attempt in dealing with any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be set up with the support of solicitor, conciliators and counsellors Wonthaggi.
If no agreement can be reached beyond 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 tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum level consistent with the best interest of the child; and
securing the children from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids receive sufficient and proper parenting to help them achieve their complete potential; and
making sure that parents satisfy their tasks, and satisfy their duties, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Near Wonthaggi VIC
We are passionate about providing a specialty Family Law service Wonthaggi that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be guaranteed of our dedication to your legal demands.