Accredited Family Law & Divorce Specialists Near Woodstock 3751
We know family law. Our Family Solicitors Woodstock have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully 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 lawyers Woodstock 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 Woodstock, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means 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 marital relationship has actually broken down irretrievably.
Any application for Divorce is typically 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 submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant duration and implies 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 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 provided the other with some home services. It may be challenging to establish that separation has actually happened in these scenarios and accordingly the Court will need evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Woodstock forever or otherwise be able to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 have to think about that proper plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
When a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Woodstock 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 kid’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, participate and make a real attempt in resolving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the help of lawyer, arbitrators and counsellors Woodstock.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the child as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum extent constant with the best interest of the kid; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get adequate and correct parenting to assist them attain their full potential; and
guaranteeing that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Near Woodstock VIC
We are passionate regarding providing a specialized Family Law service Woodstock that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal demands.