Accredited Family Law & Divorce Specialists Near Wood Wood 3596
We understand family law. Our Family Solicitors Wood Wood have represented numerous family law customers throughout the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are aiming to engage the services of some of the very best family solicitors Wood Wood has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Wood Wood, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 typically 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 file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 living under the same roof or if one has actually supplied the other with some household services. It might be difficult to develop that separation has taken place in these circumstances 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 partner will need to be an Australia resident 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 Wood Wood 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 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 have to think about that proper arrangements 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 household, and under the age of 18.
When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as 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 might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wood Wood VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, take part and make an authentic attempt in dealing with any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further negotiations can be arranged with the assistance of solicitor, mediators and counsellors Wood Wood.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must 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:
making sure that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum degree constant with the best interest of the child; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that kids receive adequate and proper parenting to assist them attain their complete potential; and
guaranteeing that parents satisfy their duties, and meet their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into consideration in any specific situations.
Why Choose Our Family Lawyers Near Wood Wood VIC
We are passionate about offering a specialty Family Law service Wood Wood that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal requirements.