Accredited Family Law & Divorce Specialists In Bell Post Hill
We know family law. Our Family Solicitors Bell Post Hill have actually represented numerous family law clients throughout 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 aspects of family law, having particular knowledge in divorce, child custody and property division.
We are dedicated to helping 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 get the best possible outcome. If you are planning to engage the services of some of the best family lawyers Bell Post Hill has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bell Post Hill, the Family Law Act 1975 established 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 accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally submitted 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 only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates 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 living under the very same roof or if one has provided the other with some family services. It might be challenging to establish that separation has happened in these circumstances and accordingly the Court will need proof in support 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Bell Post Hill forever or otherwise be able to offer proof 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 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 correct 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 treated as a member of that household, and under the age of 18.
When a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bell Post Hill
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 commencement of any Court proceedings the parties are needed to attend, participate and make an authentic effort in solving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of 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, arbitrators and counsellors Bell Post Hill.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the child as the critical 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 advantage of both of their parents having a significant participation in their lives, to the optimum extent consistent with the very best interest of the child; and
safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get adequate and appropriate parenting to help them achieve their full potential; and
guaranteeing that moms and dads satisfy their tasks, and meet their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Bell Post Hill VIC
We are passionate about providing a specialty Family Law service Bell Post Hill that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be assured of our dedication to your legal needs.