Accredited Family Law & Separation Specialists Near Woodstock West 3463
We know family law. Our Family Lawyers Woodstock West have actually represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are seeking to engage the services of a few of the very best family lawyers Woodstock West has to offer, then look no further. When engaging among 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 marital relationship.
In Woodstock West, 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files 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 period of separation. This 12 month separation period is to be a continuous period 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 deal with 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 same roof or if one has supplied the other with some home services. It may be difficult to establish that separation has actually occurred in these circumstances and accordingly the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to reside in Woodstock West indefinitely or otherwise have the ability to supply proof that you resided 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 need to consider that proper arrangements have actually 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 home, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Woodstock West 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 commencement of any Court procedures the parties are required to participate in, get involved and make an authentic attempt in solving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be arranged with the help of lawyer, arbitrators and counsellors Woodstock West.
If no arrangement can be reached beyond 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 conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum degree constant with the best interest of the kid; and
safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that children get appropriate and appropriate parenting to assist them achieve their full potential; and
ensuring that moms and dads satisfy their responsibilities, and fulfill their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Near Woodstock West VIC
We are passionate regarding offering a specialized Family Law service Woodstock West that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be guaranteed of our commitment to your legal requirements.