Accredited Family Law & Separation Specialists In Bend Of Islands
We know family law. Our Family Solicitors Bend Of Islands have represented hundreds of family law clients throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and home 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 obtain the very best possible outcome. If you are wanting to engage the services of some of the best family lawyers Bend Of Islands has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bend Of Islands, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 marriage 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just 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 situations 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 living under the same roof or if one has supplied the other with some home services. It might be tough to develop that separation has actually occurred in these situations and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Bend Of Islands forever or otherwise have the ability to supply evidence that you resided 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 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 have to think about that correct plans have actually 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 dealt with as a member of that home, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bend Of Islands
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 beginning of any Court procedures the parties are required to go to, take part and make an authentic attempt in dealing with any parenting issues at a family disagreement resolution conference. Following conclusion 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 Approval Orders. If no arrangement can be reached, even more negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors Bend Of Islands.
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 attempted a dispute 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 needs to relate to the very 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 met by:
ensuring that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the best interest of the child; and
securing the children from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive adequate and correct parenting to assist them achieve their complete potential; and
guaranteeing that parents satisfy their tasks, and satisfy their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers Bend Of Islands VIC
We are passionate about offering a specialized Prenup Bend Of Islands service that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal needs.