Accredited Family Law & Divorce Specialists In Bundoora
We understand family law. Our Family Solicitors Bundoora have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular knowledge in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully 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 best family legal representatives Bundoora has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bundoora, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates 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 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 only readily available after a 12 month period of separation. This 12 month separation period is to be a constant duration and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to handle 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 exact same roof or if one has actually provided the other with some home services. It may be difficult to develop that separation has actually happened in these situations and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Bundoora forever or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 have to think about that appropriate arrangements 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.
Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bundoora
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 child’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, participate and make a genuine attempt in resolving any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be arranged with the help of lawyer, conciliators and counsellors Bundoora.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must regard the very best interests of the child as the paramount factor to consider.
According to 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 participation in their lives, to the optimum extent constant with the very best interest of the kid; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that children get sufficient and appropriate parenting to assist them achieve their full potential; and
ensuring that parents satisfy their tasks, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers Bundoora VIC
We are passionate regarding giving a specialized Family Law service Bundoora that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal demands.