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Family Lawyer Bennettswood VIC

Family Lawyer Bennettswood VIC

Accredited Family Law & Divorce Specialists In Bennettswood

We understand family law. Our Family Solicitors Bennettswood have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and 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 very best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives Bennettswood has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Bennettswood, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 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 just readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and implies 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 deal with 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 exact same roof or if one has offered the other with some family services. It may be challenging to establish that separation has taken place in these circumstances and appropriately the Court will require 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 need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Bennettswood forever or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has been wed for less than 2 years, the Court needs the parties to participate in 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 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.

As soon as a Divorce has been given the Divorce ends up being effective one month and one day after the Order has been made.

As soon as a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Bennettswood

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

Prior to the commencement of any Court procedures the parties are needed to go to, take part and make a real effort in solving any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be arranged with the support of lawyer, conciliators and counsellors Bennettswood.

If no contract 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 actually attempted a conflict 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 must concern the very best interests of the kid as the paramount consideration.

Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:

making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree constant with the best interest of the kid; and

securing the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and

making sure that kids receive sufficient and correct parenting to assist them attain their complete potential; and

guaranteeing that parents fulfil their duties, and fulfill their obligations, concerning the care, well-being and advancement of their kids.

There are other elements that the Court may take into consideration in any particular situations.

Why Choose Our Family Lawyers Bennettswood VIC

We are passionate regarding giving a specialized Family Law service Bennettswood 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.

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