Accredited Family Law & Separation Specialists Near Willatook 3283
We understand family law. Our Family Solicitors Willatook have represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Willatook has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Willatook, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no probability 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 residing under the exact same roof or if one has offered the other with some home services. It might be difficult to develop that separation has actually happened in these scenarios and accordingly 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 partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Willatook indefinitely 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 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 think about that appropriate arrangements have been produced any child of the marital relationship, 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 actually been given the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Willatook VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, get involved and make an authentic effort in resolving any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be organized with the support of solicitor, arbitrators and counsellors Willatook.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the optimum extent constant with the very best interest of the kid; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and proper parenting to assist them accomplish their complete potential; and
guaranteeing that moms and dads satisfy their responsibilities, and satisfy their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Near Willatook VIC
We are passionate regarding providing a specialty Family Law service Willatook that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal requirements.