Accredited Family Law & Separation Specialists Near Woolenook 3860
We understand family law. Our Family Solicitors Woolenook have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.
We are dedicated to assisting 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 get the very best possible outcome. If you are wanting to engage the services of some of the very best family solicitors Woolenook has to offer, then look no further. When engaging among our experts, you can feel confident 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 Woolenook, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has 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 marital relationship submits 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 duration 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 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 living under the exact same roof or if one has actually provided the other with some family services. It might be hard to establish that separation has happened in these scenarios and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person 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 Woolenook indefinitely or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court requires 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 consider that correct plans have actually been made for 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.
Once a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Woolenook VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to go to, take part and make a real attempt in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the support of solicitor, conciliators and counsellors Woolenook.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum extent consistent with the best interest of the kid; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids receive sufficient and correct parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their tasks, and fulfill their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court might take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Near Woolenook VIC
We are passionate about providing a specialty Family Law service Woolenook that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal requirements.