Accredited Family Law & Divorce Specialists Near Woodvale 3556
We know family law. Our Family Solicitors Woodvale have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, 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 particular proficiency in divorce, child custody and home division.
We are committed 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 outcome. If you are wanting to engage the services of a few of the very best family solicitors Woodvale has to offer, then look no further. When engaging among our specialists, 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 Woodvale, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally 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 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 duration and means more than physical separation where there is no probability 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has actually provided the other with some home services. It might be hard to establish that separation has happened in these circumstances and appropriately the Court will need proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Woodvale forever or otherwise be able to provide proof 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 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 have to think about that appropriate plans have actually 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.
When a Divorce has actually been approved the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Order Requirements In Woodvale VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to attend, take part and make an authentic effort in resolving any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be organized with the help of lawyer, arbitrators and counsellors Woodvale.
If no agreement 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 tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should regard the best interests of the child as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent consistent with the best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids get adequate and correct parenting to help them achieve their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other elements that the Court might take into consideration in any particular situations.
Why Choose Our Family Lawyers Near Woodvale VIC
We are passionate about giving a specialty Family Law service Woodvale that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal demands.