Accredited Family Law & Separation Specialists In Bailieston
We know family law. Our Family Solicitors Bailieston have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are aiming to engage the services of some of the best family solicitors Bailieston has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Bailieston, 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 marriage has broken down irretrievably.
Any application for Divorce is typically submitted 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 readily available after a 12 month period of separation. This 12 month separation period is to be a constant duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 residing under the same roof or if one has actually offered the other with some home services. It may be difficult to develop that separation has taken place in these situations and accordingly the Court will require proof in assistance 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 developed, you or your partner needs to regard Australia as your home, intend to reside in Bailieston indefinitely or otherwise be able to supply evidence that you lived in Australian for a minimum of 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 requires the parties to attend 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 consider that appropriate plans have been made for 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 family, and under the age of 18.
When a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month duration where to file 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 Bailieston
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to participate in, take part and make an authentic attempt in resolving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Bailieston.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must relate to the very best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum level constant with the best interest of the child; and
securing the children from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids get appropriate and correct parenting to assist them accomplish their full potential; and
making sure that parents satisfy their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers Bailieston VIC
We are passionate about providing a specialty Family Law service Bailieston that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal demands.