Accredited Family Law & Divorce Specialists Near Weerite 3260
We know family law. Our Family Solicitors Weerite have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are seeking to engage the services of some of the very best family solicitors Weerite has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marriage.
In Weerite, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is normally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 very same roof or if one has offered the other with some family services. It may be difficult to establish that separation has actually taken place in these circumstances and accordingly the Court will need evidence in assistance of the application.
In addition to the requirements of a duration 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, plan to reside in Weerite forever 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 instances where a couple has actually 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 appropriate arrangements have been produced 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 family, and under the age of 18.
When a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Weerite VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, get involved and make an authentic effort in resolving any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the help of lawyer, arbitrators and counsellors Weerite.
If no agreement can be reached beyond the court system, a person might 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 invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the child as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their parents having a meaningful participation in their lives, to the optimum level consistent with the best interest of the kid; and
securing the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get appropriate and correct parenting to help them achieve their complete potential; and
guaranteeing that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into consideration in any specific situations.
Why Choose Our Family Lawyers Near Weerite VIC
We are passionate regarding giving a specialty Family Law service Weerite that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal demands.