Accredited Family Law & Separation Specialists In Bentleigh East
We know family law. Our Family Lawyers Bentleigh East have actually represented numerous family law customers over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the very best possible result. If you are looking to engage the services of a few of the best family lawyers Bentleigh East has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Bentleigh East, 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 residing under the exact same roof or if one has offered the other with some family services. It may be hard to develop that separation has actually occurred in these situations and accordingly the Court will need 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 established, you or your spouse needs to regard Australia as your home, plan to live in Bentleigh East indefinitely or otherwise be able to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed 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 have to think about that appropriate arrangements have 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 family, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bentleigh East
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are required to participate in, get involved and make a real effort in resolving any parenting concerns at a household disagreement 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 settlements can be arranged with the assistance of solicitor, mediators and counsellors Bentleigh East.
If no agreement can be reached beyond 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 tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level constant with the best interest of the child; and
safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive sufficient and appropriate parenting to help them achieve their complete potential; and
making sure that moms and dads satisfy their responsibilities, and fulfill their obligations, concerning the care, welfare and development of their kids.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Bentleigh East VIC
We are passionate regarding offering a specialty Family Law service Bentleigh East that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our commitment to your legal requirements.