Accredited Family Law & Divorce Specialists Near Wooragee 3747
We know family law. Our Family Lawyers Wooragee have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the best possible outcome. If you are planning to engage the services of a few of the best family lawyers Wooragee has to offer, then look no more. When engaging among our specialists, 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 marital relationship.
In Wooragee, the Family Law Act 1975 established 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 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 generally 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 offered after a 12 month duration of separation. This 12 month separation period is to be a continuous period and suggests 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 handle 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 residing under the very same roof or if one has offered the other with some family services. It might be difficult to establish that separation has actually happened in these situations and accordingly the Court will require 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 need 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, intend to reside in Wooragee forever or otherwise have the ability to supply evidence that you lived 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 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 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 dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Wooragee 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 commencement of any Court procedures the parties are needed to participate in, get involved and make a real effort in resolving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be set up with the assistance of solicitor, conciliators and counsellors Wooragee.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the very best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum degree consistent with the very best interest of the kid; and
protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that children get sufficient and appropriate parenting to assist them achieve their full potential; and
ensuring that moms and dads satisfy their duties, and meet their obligations, concerning the care, welfare and advancement of their children.
There are other elements that the Court might take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Near Wooragee VIC
We are passionate about providing a specialty Family Law service Wooragee that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be guaranteed of our dedication to your legal demands.