Accredited Family Law & Divorce Specialists In Buragwonduc
We know family law. Our Family Solicitors Buragwonduc have represented numerous family law clients for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular competence 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 possible, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are looking to engage the services of some of the very best family solicitors Buragwonduc has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Buragwonduc, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has 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 marriage files 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 period is to be a constant period and indicates 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 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 home services. It may be difficult to establish that separation has occurred in these scenarios and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Buragwonduc forever or otherwise be able to provide evidence that you lived in Australian for at least 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 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 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.
When a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Buragwonduc
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to go to, participate and make a genuine attempt in fixing any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be organized with the assistance of lawyer, mediators and counsellors Buragwonduc.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern 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:
making sure that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum level constant with the very best interest of the child; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get appropriate and appropriate parenting to assist them accomplish their complete potential; and
guaranteeing that moms and dads satisfy their responsibilities, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court might take into account in any particular situations.
Why Choose Our Family Lawyers Buragwonduc VIC
We are passionate about offering a specialty Family Law service Buragwonduc that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal requirements.