Accredited Family Law & Divorce Specialists In Ballendella
We understand family law. Our Family Lawyers Ballendella have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, 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 particular competence in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are aiming to engage the services of some of the best family lawyers Ballendella 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 Ballendella, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates 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 normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily 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 likelihood of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 very same roof or if one has actually provided the other with some family services. It may be tough to develop that separation has happened in these situations and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Ballendella forever or otherwise be able to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court needs the parties to attend 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 think about that proper arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually 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 becomes reliable one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Ballendella
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 beginning of any Court proceedings the parties are required to go to, take part and make a genuine attempt in fixing any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be arranged with the help of solicitor, mediators and counsellors Ballendella.
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 need confirmation that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the paramount consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum degree consistent with the very best interest of the kid; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive sufficient and appropriate parenting to assist them attain their complete potential; and
making sure that moms and dads fulfil their tasks, and meet their duties, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into account in any particular circumstances.
Why Choose Our Family Lawyers Ballendella VIC
We are passionate regarding giving a specialized Family Law service Ballendella that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal needs.