Accredited Family Law & Divorce Specialists In Bungal
We know family law. Our Family Solicitors Bungal have represented hundreds of family law customers over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and home division.
We are devoted to helping 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 get the best possible result. If you are planning to engage the services of some of the best family solicitors Bungal has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bungal, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment 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 marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is only 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 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 actually 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 supplied the other with some household services. It might be difficult to establish that separation has actually taken place in these scenarios and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need 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, plan to live in Bungal indefinitely or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court needs 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 need to consider that appropriate plans 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 treated as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bungal
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to go to, participate and make an authentic effort in resolving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be organized with the support of lawyer, mediators and counsellors Bungal.
If no agreement 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 actually tried a disagreement 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 concern the best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the maximum degree consistent with the best interest of the kid; and
protecting the kids from physical and psychological harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children get appropriate and proper parenting to help them achieve their full potential; and
ensuring that parents fulfil their duties, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Bungal VIC
We are passionate about providing a specialty Family Law service Bungal that welcomes you, understands you as well as shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal needs.