Accredited Family Law & Separation Specialists In Benambra
We know family law. Our Family Solicitors Benambra have actually represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled 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 dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible result. If you are looking to engage the services of some of the best family lawyers Benambra has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Benambra, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests 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 same roof or if one has actually offered the other with some family services. It may be tough to develop that separation has taken place in these circumstances and accordingly the Court will need 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Benambra forever or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married 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 consider that correct plans have actually been produced 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 household, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Benambra
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a real effort in fixing any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, further settlements can be set up with the support of lawyer, conciliators and counsellors Benambra.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should relate to the best interests of the kid as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree consistent with the best interest of the child; and
safeguarding the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that kids receive sufficient and correct parenting to help them achieve their full potential; and
making sure that parents satisfy their tasks, and satisfy their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Benambra VIC
We are passionate about offering a specialized Family Law service Benambra that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our commitment to your legal demands.