Accredited Family Law & Separation Specialists Near Viewbank 3084
We know family law. Our Family Solicitors Viewbank have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, married 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 expertise in divorce, child custody and home 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 expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are wanting to engage the services of a few of the best family solicitors Viewbank has to offer, then look no further. When engaging one of 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 Viewbank, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 living under the same roof or if one has supplied the other with some home services. It might be hard to develop that separation has taken place in these situations and appropriately the Court will require 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 need 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 Viewbank indefinitely 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 circumstances where a couple has 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 need to consider that appropriate arrangements have actually been made for 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 household, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Viewbank 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 child’s life.
Prior to the start of any Court proceedings the parties are required to go to, get involved and make an authentic attempt in resolving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be organized with the assistance of lawyer, arbitrators and counsellors Viewbank.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should concern the very best interests of the kid as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum degree constant with the very best interest of the child; and
protecting the children from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that kids get sufficient and proper parenting to assist them accomplish their full potential; and
making sure that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court might consider in any particular circumstances.
Why Choose Our Family Lawyers Near Viewbank VIC
We are passionate regarding providing a specialized Family Law service Viewbank that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal demands.