Call Us 1300 241 740

Family Lawyer Bindi VIC

Family Lawyer Bindi VIC

Accredited Family Law & Separation Specialists In Bindi

We understand family law. Our Family Lawyers Bindi have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, 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 knowledge in divorce, child custody and home division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are seeking to engage the services of some of the best family lawyers Bindi has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Bindi, the Family Law Act 1975 developed 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 allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.

Any application for Divorce is typically 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 continuous period and implies more than physical separation where there is no possibility 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 very same roof or if one has supplied the other with some household services. It might be hard to develop that separation has occurred in these scenarios and appropriately 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 partner will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to reside in Bindi forever or otherwise have the ability to offer proof that you lived in Australian for at least 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 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 have to consider that appropriate plans have been produced any child of the marital relationship, 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.

Once a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.

Once a Divorce has taken effect, there is only a 12 month duration in which 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 Bindi

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 start of any Court proceedings the parties are required to participate in, take part and make a real effort in fixing any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be arranged with the support of solicitor, arbitrators and counsellors Bindi.

If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court should regard the very best interests of the child as the paramount factor to consider.

According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

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

safeguarding the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and

making sure that children receive sufficient and proper parenting to assist them achieve their full potential; and

ensuring that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.

There are other factors that the Court might consider in any specific scenarios.

Why Choose Our Family Lawyers Bindi VIC

We are passionate about giving a specialty Family Law service Bindi that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be assured of our dedication to your legal requirements.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now