Accredited Family Law & Divorce Specialists In Berwick
We understand family law. Our Family Solicitors Berwick have actually represented hundreds of family law customers for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the very best possible outcome. If you are looking to engage the services of some of the best family lawyers Berwick has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Berwick, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion 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 marriage 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 duration is to be a constant duration and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 residing under the very same roof or if one has actually supplied the other with some home services. It might be challenging to develop that separation has actually happened in these situations and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to reside in Berwick forever or otherwise be able to supply evidence that you resided in Australian for a minimum of 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 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 consider that proper 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 dealt with 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 been made.
Once a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Berwick
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, take part and make a genuine effort in dealing with any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be organized with the help of solicitor, mediators and counsellors Berwick.
If no arrangement can be reached outside of the court system, an individual 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 acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should concern the best interests of the child as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get sufficient and appropriate parenting to help them achieve their complete potential; and
ensuring that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers Berwick VIC
We are passionate regarding offering a specialty Family Law service Berwick that welcomes you, understands you and shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal demands.