Accredited Family Law & Separation Specialists In Bangholme
We understand family law. Our Family Lawyers Bangholme have represented hundreds of family law customers throughout the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise in divorce, child custody and property division.
We are committed 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 get the best possible result. If you are looking to engage the services of a few of the very best family solicitors Bangholme has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bangholme, the Family Law Act 1975 established 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 marriage has broken down irretrievably.
Any application for Divorce is normally submitted 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 submit the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 residing under the exact same roof or if one has actually offered the other with some family services. It might be hard to establish that separation has occurred in these situations and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia resident 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 Bangholme forever or otherwise have the ability to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 have to think about that proper arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
As soon as a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Bangholme
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 start of any Court procedures the parties are required to attend, take part and make a genuine effort in fixing any parenting concerns at a household dispute resolution conference. Following conclusion 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 Approval Orders. If no contract can be reached, further settlements can be arranged with the support of solicitor, conciliators and counsellors Bangholme.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the very best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the very best interest of the child; and
safeguarding 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 adequate and appropriate parenting to assist them attain their full potential; and
guaranteeing that moms and dads fulfil their responsibilities, and satisfy their responsibilities, concerning the care, welfare and development of their children.
There are other factors that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Bangholme VIC
We are passionate regarding giving a specialty Family Law service Bangholme that welcomes you, understands you and also shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal needs.