Accredited Family Law & Divorce Specialists In Bungeet
We understand family law. Our Family Lawyers Bungeet have actually represented numerous family law customers throughout the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the best possible outcome. If you are seeking to engage the services of some of the very best family lawyers Bungeet has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Bungeet, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 same roof or if one has actually provided the other with some household services. It might be difficult to establish that separation has actually taken place in these scenarios and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to live in Bungeet forever or otherwise be able 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 actually been married for less than 2 years, the Court requires 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 need to consider that appropriate arrangements have been produced 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 family, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bungeet
Applications for Parenting Orders can be brought by either or both of the parents, 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 participate in, get involved and make a real attempt in resolving any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be set up with the help of lawyer, conciliators and counsellors Bungeet.
If no contract can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need 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 start of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum degree constant with the best interest of the child; and
securing the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children receive appropriate and appropriate parenting to assist them achieve their complete potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their responsibilities, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Bungeet VIC
We are passionate about giving a specialized Family Law service Bungeet that welcomes you, understands you and shows you empathy in hard times. Discover why you can be assured of our dedication to your legal needs.