Accredited Family Law & Separation Specialists In Bundalong
We understand family law. Our Family Solicitors Bundalong have represented hundreds of family law clients throughout the 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 specific competence in divorce, child custody and residential or commercial property division.
We are committed to helping 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 obtain the very best possible outcome. If you are planning to engage the services of a few of the best family solicitors Bundalong has to offer, then look no more. 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 Bundalong, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no possibility 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 actually 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 provided the other with some household services. It may be tough to develop that separation has actually taken place in these scenarios and appropriately 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 citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to live in Bundalong 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 instances where a couple has been married for less than 2 years, the Court needs 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 need to consider that proper plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Bundalong
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to attend, participate and make a real attempt in resolving any parenting problems at a family conflict resolution conference. Following completion 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 arrangement can be reached, even more negotiations can be organized with the assistance of solicitor, conciliators and counsellors Bundalong.
If no agreement can be reached outside of 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 disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should concern the very best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum degree constant with the very best interest of the kid; and
securing the children from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to assist them accomplish their complete potential; and
guaranteeing that parents fulfil their tasks, and meet their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Bundalong VIC
We are passionate about offering a specialized Family Law service Bundalong that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal needs.