Accredited Family Law & Divorce Specialists In Bostocks Creek
We know family law. Our Family Solicitors Bostocks Creek have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, married 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 home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are aiming to engage the services of a few of the very best family lawyers Bostocks Creek has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Bostocks Creek, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no probability 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 living under the exact same roof or if one has actually provided the other with some home services. It may be challenging to establish that separation has actually happened in these circumstances and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Bostocks Creek forever or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married 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 have to consider that correct plans have actually 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 family, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Bostocks Creek
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are needed to go to, take part and make a real effort in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be set up with the assistance of solicitor, arbitrators and counsellors Bostocks Creek.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum extent constant with the very best interest of the kid; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that kids get adequate and correct parenting to help them attain their full potential; and
ensuring that parents fulfil their tasks, and meet their duties, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into consideration in any specific situations.
Why Choose Our Family Lawyers Bostocks Creek VIC
We are passionate regarding providing a specialized Family Law service Bostocks Creek that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be guaranteed of our commitment to your legal needs.