Accredited Family Law & Separation Specialists In Bullengarook
We understand family law. Our Family Lawyers Bullengarook have actually represented hundreds of family law customers for many years and act for mums, dads, 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 expertise in divorce, child custody and property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are wanting to engage the services of some of the very best family legal representatives Bullengarook has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bullengarook, the Family Law Act 1975 developed 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 adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually 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 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 period and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 offered the other with some family services. It might be difficult to develop that separation has actually taken place in these circumstances and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a period 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 established, you or your partner needs to regard Australia as your home, intend to live in Bullengarook indefinitely or otherwise have the ability to offer proof that you resided in Australian for a minimum of 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 consider that correct arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
When a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Bullengarook
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to go to, get involved and make an authentic effort in fixing any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be set up with the assistance of lawyer, conciliators and counsellors Bullengarook.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum extent consistent with the best interest of the kid; and
safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and appropriate parenting to assist them attain their full potential; and
guaranteeing that moms and dads satisfy their responsibilities, and meet their responsibilities, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court may consider in any particular circumstances.
Why Choose Our Family Lawyers Bullengarook VIC
We are passionate regarding giving a specialty Family Law service Bullengarook that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our dedication to your legal demands.