Accredited Family Law & Separation Specialists In Bennison
We understand family law. Our Family Lawyers Bennison have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.
We are committed 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 process so that you obtain the best possible outcome. If you are planning to engage the services of some of the very best family legal representatives Bennison has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bennison, 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 accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has 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 submit 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 constant duration and implies 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 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 residing under the same roof or if one has actually offered the other with some home services. It might be hard to develop that separation has taken place in these scenarios and accordingly the Court will need 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 have 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, intend to live in Bennison forever or otherwise have the ability to supply proof that you resided in Australian for a minimum of 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 requires the parties to go to 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 think about that correct plans have been produced 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 household, and under the age of 18.
When a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bennison
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to go to, take part and make a genuine attempt in resolving any parenting concerns at a household 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 Authorization Orders. If no arrangement can be reached, further negotiations can be set up with the support of solicitor, arbitrators and counsellors Bennison.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should regard the very best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum extent consistent with the best interest of the kid; and
protecting 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 sufficient and proper parenting to help them accomplish their complete potential; and
guaranteeing that moms and dads satisfy their responsibilities, and fulfill their responsibilities, concerning the care, well-being and development of their children.
There are other elements that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Bennison VIC
We are passionate regarding giving a specialty Family Law service Bennison that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal demands.