Accredited Family Law & Separation Specialists In West Bendigo
We understand family law. Our Family and Divorce Solicitors West Bendigo have represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific knowledge in divorce, child custody and property 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 skillfully throughout the Court procedure so that you acquire the best possible result. If you are wanting to engage the services of a few of the best family legal representatives West Bendigo has to offer, then look no further. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In West Bendigo, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. 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 marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month period 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 handle 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 family services. It might be tough to establish that separation has actually taken place in these scenarios and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in West Bendigo forever or otherwise be able to provide evidence that you lived 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 have to consider that correct plans have 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 actually been given the Divorce becomes reliable 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 duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders West Bendigo
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are required to go to, get involved and make an authentic effort in solving any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be set up with the help of lawyer, arbitrators and counsellors West Bendigo.
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 actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum level consistent with the very best interest of the child; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get appropriate and appropriate parenting to help them accomplish their complete potential; and
guaranteeing that parents fulfil their duties, and fulfill their duties, concerning the care, welfare and development of their kids.
There are other elements that the Court might consider in any particular situations.
Why Choose Our Family Lawyers West Bendigo VIC
We are passionate about giving a specialized Family Law service West Bendigo that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal requirements.