Accredited Family Law & Divorce Specialists In Bedford Road
We know family law. Our Family Solicitors Bedford Road have represented numerous family law clients over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, 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 Bedford Road has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bedford Road, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually submitted 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 file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous period and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 same roof or if one has actually offered the other with some family services. It might be challenging to develop that separation has actually happened in these circumstances and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have 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 live in Bedford Road forever or otherwise be able to supply proof that you resided in Australian for a minimum of 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 consider that appropriate arrangements have 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 home, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bedford Road
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any 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 real effort in dealing with any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be arranged with the assistance of lawyer, conciliators and counsellors Bedford Road.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent consistent with the best interest of the kid; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children receive sufficient and appropriate parenting to assist them attain their full potential; and
ensuring that moms and dads fulfil their tasks, and fulfill their duties, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers Bedford Road VIC
We are passionate about offering a specialty Family Law service Bedford Road that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be guaranteed of our dedication to your legal needs.