Accredited Family Law & Separation Specialists Near Wandella 3579
We understand family law. Our Family Solicitors Wandella have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, 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 residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are wanting to engage the services of some of the best family lawyers Wandella has to offer, then look no more. When engaging one of our professionals, 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 marriage.
In Wandella, 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and indicates more than physical separation where there is no probability 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 actually 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 challenging to establish that separation has occurred in these scenarios and accordingly the Court will need evidence in assistance 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to reside in Wandella forever or otherwise have the ability to supply 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 married 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 have 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 or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wandella VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, participate and make a genuine attempt in dealing with any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be set up with the support of lawyer, mediators and counsellors Wandella.
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 tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the best interests of the kid as the critical consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree constant with the best interest of the kid; and
securing the kids from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children receive adequate and appropriate parenting to help them achieve their complete potential; and
making sure that moms and dads fulfil their duties, and meet their obligations, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Near Wandella VIC
We are passionate regarding offering a specialty Family Law service Wandella that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal demands.