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Family Lawyer Bend Of Islands VIC

Family Lawyer Bend Of Islands VIC

Accredited Family Law & Divorce Specialists In Bend Of Islands

We understand family law. Our Family Lawyers Bend Of Islands have actually represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and property division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible outcome. If you are planning to engage the services of a few of the very best family lawyers Bend Of Islands has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Bend Of Islands, 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 marital relationship has actually 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 duration and means more than physical separation where there is no possibility 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 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 actually offered the other with some family services. It may be hard to develop 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 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, intend to reside in Bend Of Islands 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 circumstances where a couple has actually been married for less than 2 years, the Court needs 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 correct 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 treated as a member of that family, and under the age of 18.

As soon as a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.

Once a Divorce has actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Bend Of Islands

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.

Prior to the start of any Court proceedings the parties are required to attend, participate and make a real attempt in solving any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be set up with the help of solicitor, arbitrators and counsellors Bend Of Islands.

If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the critical factor to consider.

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

making sure that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum level consistent with the best interest of the child; and

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

ensuring that kids get appropriate and appropriate parenting to assist them accomplish their complete potential; and

ensuring that parents satisfy their duties, and satisfy their duties, concerning the care, welfare and advancement of their children.

There are other aspects that the Court may consider in any particular scenarios.

Why Choose Our Family Lawyers Bend Of Islands VIC

We are passionate regarding giving a specialty Family Law service Bend Of Islands that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be guaranteed of our commitment to your legal needs.

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