Accredited Family Law & Divorce Specialists In Bendigo South
We know family law. Our Family Solicitors Bendigo South have 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 skilled family law and divorce lawyers can represent you in all aspects of family law, having specific know-how in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are planning to engage the services of a few of the best family legal representatives Bendigo South has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bendigo South, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests 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 normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files 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 duration of separation. This 12 month separation duration is to be a constant period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 residing under the very same roof or if one has provided the other with some household services. It may be hard to develop that separation has occurred in these situations and accordingly the Court will require proof 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 spouse needs to regard Australia as your home, mean to reside in Bendigo South indefinitely or otherwise have the ability 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 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 need to think about that appropriate plans 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 dealt with as a member of that home, and under the age of 18.
When a Divorce has actually been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Bendigo South
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to participate in, participate and make an authentic effort in dealing with any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be organized with the assistance of solicitor, mediators and counsellors Bendigo South.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should relate to the best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the very best interest of the kid; and
protecting the children from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that kids receive sufficient and proper parenting to assist them attain their full potential; and
guaranteeing that moms and dads satisfy their responsibilities, and meet their duties, concerning the care, welfare and advancement of their kids.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Family Lawyers Bendigo South VIC
We are passionate about giving a specialized Family Law service Bendigo South that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal needs.