Accredited Family Law & Separation Specialists In Budgerum East
We understand family law. Our Family Solicitors Budgerum East have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are looking to engage the services of a few of the best family lawyers Budgerum East has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Budgerum East, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration 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 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 provided the other with some household services. It may be tough to establish that separation has occurred in these scenarios and accordingly the Court will require 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 have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in Budgerum East forever or otherwise be able to provide proof that you resided 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 think about that proper arrangements have actually been made for any child of the marriage, 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 granted the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Budgerum East
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are required to participate in, participate and make an authentic effort in dealing with any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be arranged with the support of solicitor, conciliators and counsellors Budgerum East.
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 verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the best interest of the child; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children receive sufficient and proper parenting to help them accomplish their complete potential; and
making sure that parents satisfy their duties, and meet their obligations, concerning the care, well-being and development of their kids.
There are other elements that the Court may take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Budgerum East VIC
We are passionate about providing a specialty Family Law service Budgerum East that welcomes you, understands you and shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal needs.