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Family Lawyer Near Wandown VIC

Family Lawyer Wandown VIC

Accredited Family Law & Divorce Specialists Near  Wandown 3549

We understand family law. Our Family Solicitors Wandown 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 skilled family law and divorce legal representatives can represent you in all elements of family law, having specific 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 skillfully throughout the Court procedure so that you acquire the best possible result. If you are looking to engage the services of some of the best family solicitors Wandown has to offer, then look no further. When engaging one of our professionals, 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 Wandown, 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 actually 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 marriage submits 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 period is to be a constant period and implies 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 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 hard to develop that separation has actually happened in these situations and appropriately the Court will need proof in support of the application.

In addition to the requirements of a period 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 developed, you or your spouse needs to regard Australia as your home, mean to reside in Wandown indefinitely or otherwise be able to offer 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 go to 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 think about that proper arrangements have actually 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 family, and under the age of 18.

When a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.

When a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Order Requirements In Wandown 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 start of any Court procedures the parties are required to attend, get involved and make an authentic effort in fixing any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be organized with the support of lawyer, mediators and counsellors Wandown.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court must concern the very best interests of the child as the paramount factor to consider.

Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:

making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum degree consistent with the best interest of the child; and

securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that children receive appropriate and proper parenting to help them accomplish their full potential; and

making sure that parents fulfil their duties, and fulfill their duties, concerning the care, well-being and advancement of their kids.

There are other elements that the Court may take into consideration in any specific circumstances.

Why Choose Our Family Lawyers Near Wandown VIC

We are passionate about providing a specialty Family Law service Wandown that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal demands.

 

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