Accredited Family Law & Separation Specialists In Bedford Road
We know family law. Our Family Solicitors Bedford Road have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible outcome. If you are seeking to engage the services of some of the very best family lawyers Bedford Road has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Bedford Road, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally filed 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 offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 residing under the very same roof or if one has provided the other with some family services. It may be difficult to develop that separation has occurred in these scenarios and appropriately the Court will require evidence 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 developed, you or your partner has to regard Australia as your home, mean to reside in Bedford Road forever or otherwise be able to offer 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 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 arrangements have 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 household, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this period may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bedford Road
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, take part and make a genuine effort in fixing any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued 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 negotiations can be set up with the assistance of lawyer, arbitrators and counsellors Bedford Road.
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 conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the very best interests of the kid as the critical consideration.
Inning accordance with area 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 optimum level constant with the best interest of the child; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that kids get sufficient and proper parenting to assist them attain their full potential; and
ensuring that moms and dads satisfy their tasks, and satisfy their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Bedford Road VIC
We are passionate regarding offering a specialized Prenup Bedford Road service that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be assured of our dedication to your legal needs.