Accredited Family Law & Divorce Specialists In Bushy Park
We understand family law. Our Family Lawyers Bushy Park have actually represented numerous family law customers over 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 aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are planning to engage the services of some of the best family legal representatives Bushy Park has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bushy Park, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship 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 marital relationship files the application, or a joint application where both parties file 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 indicates more than physical separation where there is no probability 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 supplied the other with some family services. It may be difficult to establish that separation has occurred in these circumstances and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a duration 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 established, you or your spouse has to regard Australia as your home, intend to reside in Bushy Park indefinitely or otherwise have the ability to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed 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 need to consider that appropriate plans 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 dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has been made.
When a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Bushy Park
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, take part and make an authentic attempt in solving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be set up with the help of lawyer, arbitrators and counsellors Bushy Park.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must relate to the best interests of the kid as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level constant with the very best interest of the child; and
securing the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children receive adequate and appropriate parenting to help them achieve their full potential; and
ensuring that parents satisfy their duties, and meet their obligations, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Bushy Park VIC
We are passionate about offering a specialty Family Law service Bushy Park that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal needs.