Accredited Family Law & Divorce Specialists In Bullaharre
We know family law. Our Family Solicitors Bullaharre have actually represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular 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 expertly throughout the Court procedure so that you obtain the best possible result. If you are wanting to engage the services of a few of the best family legal representatives Bullaharre 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 marriage.
In Bullaharre, 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 allegations 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 submitted 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 just available after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no probability 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 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 household services. It may be tough to develop that separation has actually occurred in these circumstances and appropriately the Court will require proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Bullaharre forever or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married for less than 2 years, the Court requires the parties to go to 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 appropriate arrangements have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Bullaharre
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are required to participate in, take part and make a genuine effort in resolving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be set up with the help of solicitor, mediators and counsellors Bullaharre.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have 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 proceedings.
In parenting matters, a Court must 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 satisfied by:
making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum extent consistent with the best interest of the child; and
protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive adequate and appropriate parenting to help them achieve their complete potential; and
guaranteeing that parents satisfy their tasks, and fulfill their duties, concerning the care, welfare and development of their kids.
There are other factors that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Bullaharre VIC
We are passionate about offering a specialty Family Law service Bullaharre that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our commitment to your legal needs.