Accredited Family Law & Divorce Specialists Near Yarraville West 3013
We know family law. Our Family Lawyers Yarraville West have represented hundreds of family law clients 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 solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, 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 legal representatives Yarraville West has to offer, then look no further. When engaging one of our specialists, you can rest assured 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 Yarraville West, the Family Law Act 1975 developed 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 accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 available after a 12 month period of separation. This 12 month separation period is to be a constant period and suggests 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 very same roof or if one has actually offered the other with some family services. It might be hard to develop that separation has occurred in these scenarios and accordingly the Court will require proof 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 person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Yarraville West indefinitely or otherwise have the ability to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been married for less than 2 years, the Court needs 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 think about 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 treated as a member of that home, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being effective 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 where to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Order Requirements In Yarraville West VIC
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, participate and make a genuine attempt in resolving any parenting issues at a household conflict 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, even more negotiations can be arranged with the help of lawyer, mediators and counsellors Yarraville West.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern 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 fulfilled by:
making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum extent constant with the best interest of the child; and
protecting the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and proper parenting to assist them achieve their full potential; and
ensuring that moms and dads satisfy their responsibilities, and fulfill their obligations, concerning the care, well-being and development of their kids.
There are other elements that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Near Yarraville West VIC
We are passionate about providing a specialized Family Law service Yarraville West that welcomes you, understands you and shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal needs.