Accredited Family Law & Separation Specialists In Bellarine
We know family law. Our Family Solicitors Bellarine have actually represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are dedicated 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 procedure so that you acquire the best possible outcome. If you are looking to engage the services of a few of the very best family solicitors Bellarine has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bellarine, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous 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 handle 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 residing under the exact same roof or if one has supplied the other with some family services. It may be challenging to develop that separation has taken place in these scenarios and appropriately the Court will need proof in support of the application.
In addition to the requirements of a period 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 developed, you or your partner needs to regard Australia as your home, plan to live in Bellarine forever or otherwise be able to supply evidence 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 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 appropriate arrangements 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 dealt with as a member of that household, and under the age of 18.
When a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bellarine
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 start of any Court proceedings the parties are needed to attend, take part and make an authentic effort in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be set up with the help of lawyer, mediators and counsellors Bellarine.
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 require confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must concern the very best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level consistent with the very best interest of the child; and
safeguarding the children from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids get adequate and correct parenting to assist them attain their full potential; and
guaranteeing that parents fulfil their responsibilities, and fulfill their obligations, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into account in any particular circumstances.
Why Choose Our Family Lawyers Bellarine VIC
We are passionate about providing a specialized Family Law service Bellarine 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.