Accredited Family Law & Divorce Specialists Near Wild Dog Valley 3953
We understand family law. Our Family Solicitors Wild Dog Valley 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 legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and home division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible result. If you are planning to engage the services of some of the best family lawyers Wild Dog Valley has to offer, then look no further. When engaging among 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 marriage.
In Wild Dog Valley, 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 irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically submitted 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 file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no likelihood 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 living under the very same roof or if one has actually provided the other with some household services. It might be difficult to establish that separation has actually occurred in these circumstances and appropriately the Court will need 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Wild Dog Valley forever or otherwise be able to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually 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 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 home, and under the age of 18.
Once 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 only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wild Dog Valley VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to participate in, get involved and make a real effort in solving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued 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 set up with the help of lawyer, mediators and counsellors Wild Dog Valley.
If no arrangement 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 attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting 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 consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum level consistent with the best interest of the child; and
safeguarding the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive appropriate and proper parenting to help them accomplish their complete potential; and
making sure that moms and dads satisfy their responsibilities, and satisfy their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Near Wild Dog Valley VIC
We are passionate about offering a specialized Family Law service Wild Dog Valley that welcomes you, understands you as well as shows you empathy in hard times. Find out why you can be assured of our commitment to your legal needs.