Accredited Family Law & Divorce Specialists Near Wallup 3401
We know family law. Our Family Lawyers Wallup have represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible outcome. If you are wanting to engage the services of some of the very best family lawyers Wallup has to offer, then look no more. 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 Wallup, 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 accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally 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 just readily available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means 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 exact same roof or if one has provided the other with some household services. It may be challenging to develop that separation has actually taken place in these scenarios and accordingly 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 have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in Wallup indefinitely or otherwise be able to provide 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 needs 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 proper arrangements have 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 dealt with as a member of that family, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wallup 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 proceedings the parties are needed to participate in, participate and make an authentic attempt in solving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of lawyer, mediators and counsellors Wallup.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids 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 child; and
protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive adequate and appropriate parenting to help them accomplish their complete potential; and
ensuring that moms and dads satisfy their responsibilities, and meet their responsibilities, 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 Wallup VIC
We are passionate regarding giving a specialized Family Law service Wallup that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be guaranteed of our commitment to your legal demands.