Accredited Family Law & Divorce Specialists In Beveridge
We understand family law. Our Family Lawyers Beveridge have represented hundreds of family law customers for many years and act for mums, dads, 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 committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are looking to engage the services of a few of the best family legal representatives Beveridge has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Beveridge, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, 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 marital relationship submits 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 duration of separation. This 12 month separation period is to be a constant duration 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 not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has actually provided the other with some household services. It might be difficult to establish that separation has happened in these circumstances and accordingly the Court will require evidence in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need 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, mean to live in Beveridge forever or otherwise have the ability to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed 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 consider that proper arrangements have actually been produced any child of the marriage, 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 family, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Beveridge
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to attend, get involved and make an authentic effort in dealing with any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be organized with the assistance of solicitor, arbitrators and counsellors Beveridge.
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 confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the best interests of the child as the critical consideration.
Inning accordance with 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 involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that children receive sufficient and proper parenting to help them attain their complete potential; and
guaranteeing that moms and dads fulfil 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 consideration in any particular situations.
Why Choose Our Family Lawyers Beveridge VIC
We are passionate regarding providing a specialty Prenup Beveridge service that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal needs.