Accredited Family Law & Separation Specialists Near Woods Point 3723
We understand family law. Our Family Lawyers Woods Point have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are looking to engage the services of some of the best family solicitors Woods Point has to offer, then look no more. When engaging among our experts, 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 Woods Point, the Family Law Act 1975 established 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually filed 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 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 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 exact same roof or if one has actually provided the other with some household services. It might be hard to establish 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 period of 12 months of separation, either you or your partner will have 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, mean to reside in Woods Point forever or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 correct arrangements have been produced any child of the marital relationship, 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.
Once a Divorce has actually been granted the Divorce ends up being effective 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 period in which to submit an application for property/financial and spousal maintenance. 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 Woods Point 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 start of any Court procedures the parties are required to participate in, participate and make a real attempt in fixing any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be set up with the help of solicitor, mediators and counsellors Woods Point.
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 disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the very best interest of the kid; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids receive appropriate and proper parenting to help them attain their full potential; and
guaranteeing that parents fulfil their duties, and meet their obligations, concerning the care, welfare and development of their kids.
There are other elements that the Court might take into account in any particular circumstances.
Why Choose Our Family Lawyers Near Woods Point VIC
We are passionate about giving a specialized Family Law service Woods Point that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be assured of our dedication to your legal requirements.