Accredited Family Law & Divorce Specialists In Bears Lagoon
We understand family law. Our Family Lawyers Bears Lagoon have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are wanting to engage the services of some of the best family solicitors Bears Lagoon has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bears Lagoon, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests 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 usually 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 just available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no possibility 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 actually not been separated for more than 12 months.
An application can still be made while the parties are residing under the same roof or if one has supplied the other with some family services. It may be tough to develop that separation has actually occurred in these circumstances 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 need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to live in Bears Lagoon indefinitely or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances 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 think about that proper plans have been made for any child of the marriage, or a child from another relationship, or a child who has actually 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 granted the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Bears Lagoon
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to go to, get involved and make a real attempt in fixing any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more settlements can be organized with the support of solicitor, conciliators and counsellors Bears Lagoon.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum extent constant with the best interest of the kid; and
safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get adequate and appropriate parenting to assist them accomplish their full potential; and
making sure that moms and dads satisfy their tasks, and meet their obligations, concerning the care, welfare and development of their children.
There are other factors that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Bears Lagoon VIC
We are passionate regarding providing a specialty Family Law service Bears Lagoon that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal requirements.