Accredited Family Law & Divorce Specialists In Balnarring Beach
We understand family law. Our Family Lawyers Balnarring Beach have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are looking to engage the services of a few of the best family solicitors Balnarring Beach has to offer, then look no more. 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 marital relationship.
In Balnarring Beach, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and implies 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 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 supplied the other with some home services. It might be hard to establish that separation has occurred in these scenarios and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have 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 Balnarring Beach forever or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually 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 been made for any child of the marital relationship, or a child from another relationship, or a child who has actually 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 actually been granted 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 duration may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Balnarring Beach
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, get involved and make a genuine effort in dealing with any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be set up with the help of solicitor, conciliators and counsellors Balnarring Beach.
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 actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum degree constant with the best interest of the child; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children receive sufficient and appropriate parenting to help them accomplish their full potential; and
guaranteeing that moms and dads satisfy their responsibilities, and meet their obligations, concerning the care, well-being and advancement of their kids.
There are other factors that the Court might take into account in any particular circumstances.
Why Choose Our Family Lawyers Balnarring Beach VIC
We are passionate about giving a specialized Family Law service Balnarring Beach that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal needs.