Accredited Family Law & Divorce Specialists Near Wonga Park 3115
We understand family law. Our Family Solicitors Wonga Park have actually represented numerous family law customers for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific know-how in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are looking to engage the services of a few of the best family solicitors Wonga Park has to offer, then look no more. When engaging one of our experts, 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 Wonga Park, 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 infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship 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 marital relationship 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 period of separation. This 12 month separation period is to be a continuous period and suggests 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 handle 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 provided the other with some household services. It might be hard to develop that separation has taken place in these circumstances and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to reside in Wonga Park forever or otherwise be able 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 been married for less than 2 years, the Court requires 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 need to consider that appropriate plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wonga Park VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, participate and make a genuine attempt in solving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of solicitor, arbitrators and counsellors Wonga Park.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute 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 relate to the very best interests of the kid as the paramount consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their parents having a significant involvement in their lives, to the optimum level constant 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, disregard or family violence; and
ensuring that children receive appropriate and proper parenting to assist them attain their full potential; and
guaranteeing that parents satisfy their duties, and fulfill their duties, concerning the care, well-being and development of their children.
There are other elements that the Court might take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Near Wonga Park VIC
We are passionate about offering a specialty Family Law service Wonga Park that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.