Accredited Family Law & Divorce Specialists In Bundalong South
We know family law. Our Family Lawyers Bundalong South have represented hundreds of family law customers over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific know-how in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible result. If you are looking to engage the services of a few of the best family lawyers Bundalong South has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bundalong South, 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 accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually 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 submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 supplied the other with some household services. It may be challenging to develop that separation has actually occurred in these situations and appropriately 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 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 Bundalong South indefinitely or otherwise have the ability to provide proof 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 think about that appropriate arrangements have actually been made for 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 household, and under the age of 18.
When a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bundalong South
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to attend, get involved and make an authentic effort in solving any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of 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 support of solicitor, mediators and counsellors Bundalong South.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement 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 concern the very best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the kid; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children receive sufficient and appropriate parenting to help them achieve their full potential; and
ensuring that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Bundalong South VIC
We are passionate regarding offering a specialized Family Law service Bundalong South that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our dedication to your legal demands.