Accredited Family Law & Separation Specialists In Bellbird Creek
We know family law. Our Family Lawyers Bellbird Creek have represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific knowledge in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are planning to engage the services of a few of the very best family legal representatives Bellbird Creek has to offer, then look no further. 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 marital relationship.
In Bellbird Creek, 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 unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally 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 file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a constant duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 exact same roof or if one has actually provided the other with some family services. It might be challenging to establish that separation has actually taken place in these scenarios and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Bellbird Creek 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 wed for less than 2 years, the Court needs 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 have to think about that correct arrangements have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
When 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 may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bellbird Creek
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 start of any Court procedures the parties are needed to go to, get involved and make a genuine effort in resolving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be arranged with the support of solicitor, arbitrators and counsellors Bellbird Creek.
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 tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should concern the best interests of the kid as the vital consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the kid; and
safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get sufficient and appropriate parenting to help them accomplish their complete potential; and
making sure that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Bellbird Creek VIC
We are passionate regarding giving a specialized Family Law service Bellbird Creek that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be assured of our commitment to your legal needs.