Accredited Family Law & Divorce Specialists Near Wychitella 3525
We understand family law. Our Family Solicitors Wychitella have represented hundreds of family law clients for many years and act for mums, dads, grandmothers, 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 competence in divorce, child custody and home division.
We are dedicated 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 get the best possible outcome. If you are wanting to engage the services of some of the best family lawyers Wychitella has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best in your corner.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Wychitella, 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 adultery, violence or desertion are unimportant. 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 marital relationship submits the application, or a joint application where both parties file 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 continuous period and implies more than physical separation where there is no probability 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the very same roof or if one has actually offered the other with some home services. It might be tough to develop that separation has actually taken place in these circumstances and appropriately the Court will require 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 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, plan to reside in Wychitella forever or otherwise have the ability to provide 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 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 have to consider that correct arrangements have actually 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 home, and under the age of 18.
When a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has been made.
As soon as 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 circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wychitella VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, get involved and make a genuine effort in resolving any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, arbitrators and counsellors Wychitella.
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 require confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the best interests of the kid as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the very best interest of the kid; and
securing the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids receive adequate and proper parenting to help them attain their full potential; and
ensuring that parents fulfil their responsibilities, and fulfill their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Near Wychitella VIC
We are passionate regarding giving a specialized Family Law service Wychitella that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our dedication to your legal requirements.