Accredited Family Law & Separation Specialists Near Woodford 3281
We understand family law. Our Family Lawyers Woodford have represented hundreds of family law clients over the years and act for mums, dads, grandmas, 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 specific know-how in divorce, child custody and home division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are planning to engage the services of some of the very best family legal representatives Woodford has to offer, then look no more. When engaging among our professionals, you can feel confident 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 Woodford, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and implies more than physical separation where there is no likelihood 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 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 actually provided the other with some household services. It might be difficult to establish that separation has actually taken place in these circumstances and appropriately the Court will need proof 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 resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Woodford forever or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 need to consider that appropriate arrangements 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 family, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Woodford VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, get involved and make a genuine attempt in dealing with any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be organized with the support of solicitor, conciliators and counsellors Woodford.
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 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 commencement of Court proceedings.
In parenting matters, a Court must relate to the best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their parents having a significant participation in their lives, to the maximum level consistent with the very best interest of the child; and
safeguarding the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids get appropriate and proper parenting to assist them accomplish their full potential; and
making sure that parents satisfy their responsibilities, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.
There are other aspects that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers Near Woodford VIC
We are passionate about giving a specialized Family Law service Woodford that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal needs.