Accredited Family Law & Divorce Specialists In Bena
We understand family law. Our Family Solicitors Bena have actually represented hundreds of family law customers throughout the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced 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 planning to engage the services of some of the very best family lawyers Bena has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Bena, 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 allegations of adultery, violence or desertion 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is just offered 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 circumstances 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 exact same roof or if one has supplied the other with some home services. It may be hard to establish that separation has actually happened in these scenarios and accordingly 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 partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to live in Bena forever or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed for less than 2 years, the Court requires 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 consider that proper plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Bena
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to attend, get involved and make a real attempt in solving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement 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 help of solicitor, mediators and counsellors Bena.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should regard the very best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the child; and
securing the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids get sufficient and appropriate parenting to help them attain their full potential; and
ensuring that moms and dads fulfil their responsibilities, and fulfill their duties, concerning the care, welfare and development of their children.
There are other factors that the Court may consider in any particular situations.
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