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Family Lawyer Byawatha VIC

Family Lawyer Byawatha VIC

Accredited Family Law & Divorce Specialists In Byawatha

We know family law. Our Family Solicitors Byawatha have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, 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 specific competence in divorce, child custody and home division.

We are devoted 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 acquire the very best possible outcome. If you are wanting to engage the services of a few of the best family legal representatives Byawatha has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Byawatha, 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 allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually submitted 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 period of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 exact same roof or if one has supplied the other with some household services. It might be tough to establish that separation has occurred in these scenarios and appropriately the Court will need proof in support of the application.

In addition to the requirements of a period 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 needs to regard Australia as your home, intend to live in Byawatha indefinitely or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been married 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 plans have 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 family, and under the age of 18.

When a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.

As soon as a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Byawatha

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 proceedings the parties are needed to go to, take part and make a real attempt in resolving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be set up with the assistance of lawyer, arbitrators and counsellors Byawatha.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification 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 start of Court procedures.

In parenting matters, a Court must regard the very 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:

ensuring that the kids have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree constant with the best interest of the child; and

protecting the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and

making sure that kids receive adequate and proper parenting to assist them achieve their full potential; and

guaranteeing that moms and dads fulfil their tasks, and satisfy their obligations, concerning the care, welfare and advancement of their kids.

There are other factors that the Court might take into account in any specific circumstances.

Why Choose Our Family Lawyers Byawatha VIC

We are passionate regarding giving a specialty Family Law service Byawatha that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal requirements.

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