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Family Lawyer Bell Park VIC

Family Lawyer Bell Park VIC

Accredited Family Law & Separation Specialists In Bell Park

We understand family law. Our Family Solicitors Bell Park have represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of a few of the very best family solicitors Bell Park has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Bell Park, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.

An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and suggests more than physical separation where there is no probability of reconciliation.

The application can be opposed in scenarios 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 same roof or if one has provided the other with some family services. It may be tough to establish that separation has taken place in these circumstances and accordingly the Court will require proof 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Bell Park indefinitely or otherwise have the ability to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has actually been married for less than 2 years, the Court requires the parties to go to 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 actually 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.

When a Divorce has been granted the Divorce becomes effective one month and one day after the Order has actually been made.

As soon as a Divorce has actually taken effect, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Bell 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 kid’s life.

Prior to the commencement of any Court procedures the parties are needed to go to, participate and make an authentic effort in resolving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more negotiations can be set up with the help of solicitor, mediators and counsellors Bell Park.

If no arrangement 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 invoice 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 very best interests of the kid as the paramount factor to consider.

Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:

guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum degree constant with the best interest of the child; and

securing the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and

guaranteeing that kids receive adequate and correct parenting to assist them attain 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 kids.

There are other aspects that the Court might take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Bell Park VIC

We are passionate regarding providing a specialized Family Law service Bell Park that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal requirements.

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