Accredited Family Law & Separation Specialists In Bonang
We know family law. Our Family Lawyers Bonang have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are dedicated 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 very best possible outcome. If you are looking to engage the services of some of the best family lawyers Bonang has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bonang, 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 accusations of infidelity, violence or desertion are unimportant. 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no likelihood 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 actually 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 supplied the other with some home services. It may be difficult to develop that separation has actually taken place in these situations and appropriately the Court will need proof in support 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 spouse has to regard Australia as your home, mean to reside in Bonang indefinitely or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 have to consider that appropriate arrangements have actually 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 treated as a member of that home, and under the age of 18.
When a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bonang
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court procedures the parties are needed to participate in, participate and make an authentic effort in resolving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be arranged with the assistance of lawyer, mediators and counsellors Bonang.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum degree constant with the very best interest of the child; and
safeguarding the children from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get sufficient and proper parenting to help them attain their full potential; and
guaranteeing that parents fulfil their responsibilities, and fulfill their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Bonang VIC
We are passionate regarding giving a specialized Family Law service Bonang that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be assured of our commitment to your legal requirements.