Accredited Family Law & Divorce Specialists In Bells Beach
We understand family law. Our Family Solicitors Bells Beach have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge 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 process so that you obtain the best possible result. If you are seeking to engage the services of some of the very best family lawyers Bells Beach has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Bells Beach, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally 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 submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no likelihood 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 same roof or if one has provided the other with some home services. It may be tough to establish that separation has actually taken place in these circumstances and appropriately the Court will require evidence in assistance 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 citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to reside in Bells Beach forever or otherwise be able to supply proof that you lived in Australian for a minimum of 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 need to think about that appropriate arrangements have actually 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 family, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
When 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 duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Bells Beach
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are required to go to, get involved and make a real effort in fixing any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be arranged with the assistance of solicitor, conciliators and counsellors Bells Beach.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the advantage 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
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
making sure that kids receive appropriate and proper parenting to help them accomplish their full potential; and
ensuring that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Bells Beach VIC
We are passionate about offering a specialty Family Law service Bells Beach that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal requirements.