Accredited Family Law & Separation Specialists In Mount Bolton
We know family law. Our Family Solicitors Mount Bolton have actually represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, 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 competence in divorce, child custody and property division.
We are committed 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 procedure so that you get the best possible outcome. If you are aiming to engage the services of a few of the very best family legal representatives Mount Bolton has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Mount Bolton, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no possibility 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 residing under the same roof or if one has offered the other with some family services. It may be tough to establish that separation has occurred in these situations and accordingly the Court will require proof in assistance 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 established, you or your partner needs to regard Australia as your home, intend to live in Mount Bolton forever or otherwise have the ability to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court needs the parties to participate in 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 correct arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has 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 given the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Mount Bolton
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, participate and make an authentic effort in resolving any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be set up with the help of lawyer, mediators and counsellors Mount Bolton.
If no arrangement 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 tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the kid as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum level consistent with the very best interest of the child; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and appropriate parenting to assist them attain their complete potential; and
making sure that moms and dads satisfy their duties, and satisfy their obligations, concerning the care, welfare and development of their children.
There are other factors that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Mount Bolton VIC
We are passionate about offering a specialized Family Law service Mount Bolton that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be assured of our dedication to your legal needs.