Accredited Family Law & Separation Specialists In Bennettswood
We understand family law. Our Family Lawyers Bennettswood have represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and home division.
We are dedicated 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 procedure so that you acquire the best possible outcome. If you are seeking to engage the services of a few of the best family lawyers Bennettswood has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bennettswood, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically 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 file the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and means 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 residing under the exact same roof or if one has actually supplied the other with some family services. It might be challenging to establish that separation has happened in these situations and appropriately the Court will need evidence 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 resident 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 Bennettswood indefinitely or otherwise be able to provide evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bennettswood
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to go to, take part and make a genuine effort 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 a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be organized with the help of lawyer, arbitrators and counsellors Bennettswood.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum extent constant with the very best interest of the kid; and
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and appropriate parenting to help them accomplish their full potential; and
making sure that parents fulfil their tasks, and meet their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Bennettswood VIC
We are passionate about offering a specialized Prenup Bennettswood service that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.