Accredited Family Law & Separation Specialists Near Woomelang 3485
We understand family law. Our Family Solicitors Woomelang have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives 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 helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are looking to engage the services of some of the very best family solicitors Woomelang has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.
What Is The Process For Divorce In VIC
A Divorce is the legal dissolution of a marital relationship.
In Woomelang, the Family Law Act 1975 developed 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually 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 submit the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no possibility 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 residing under the very same roof or if one has offered the other with some household services. It might be challenging to develop that separation has happened in these scenarios and accordingly the Court will require evidence in assistance 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Woomelang forever or otherwise have the ability to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court needs the parties to go to 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 appropriate arrangements have actually been produced any child of the marriage, 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 household, and under the age of 18.
When a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period may be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Woomelang VIC
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to attend, participate and make an authentic attempt in resolving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, further settlements can be arranged with the help of solicitor, conciliators and counsellors Woomelang.
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 verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum extent constant with the best interest of the child; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children receive sufficient and correct parenting to assist them accomplish their complete potential; and
guaranteeing that parents fulfil their tasks, and meet their obligations, concerning the care, well-being and development of their kids.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Near Woomelang VIC
We are passionate about offering a specialty Family Law service Woomelang 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 needs.