Accredited Family Law & Divorce Specialists Near Wickliffe 3379
We know family law. Our Family Solicitors Wickliffe have represented hundreds of family law customers over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors 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 attainable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are planning to engage the services of a few of the best family solicitors Wickliffe has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best on your side.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Wickliffe, 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 infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically 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 file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 very same roof or if one has actually supplied the other with some family services. It may be difficult to develop that separation has actually occurred in these situations and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Wickliffe forever or otherwise have the ability to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court requires 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 need to consider that proper arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
When a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually 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 granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wickliffe VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are needed to attend, participate and make an authentic effort in fixing any parenting concerns at a household disagreement resolution conference. Following conclusion 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 Consent Orders. If no agreement can be reached, even more settlements can be set up with the assistance of lawyer, arbitrators and counsellors Wickliffe.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation 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 start of Court proceedings.
In parenting matters, a Court must regard the best interests of the kid as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the child; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get appropriate and appropriate parenting to assist them achieve their full potential; and
guaranteeing that moms and dads satisfy their tasks, and meet their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Near Wickliffe VIC
We are passionate regarding offering a specialty Family Law service Wickliffe that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our dedication to your legal demands.