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Family Lawyer Bittern VIC

Family Lawyer Bittern VIC

Accredited Family Law & Divorce Specialists In Bittern

We know family law. Our Family Solicitors Bittern have represented numerous family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are looking to engage the services of a few of the very best family lawyers Bittern has to offer, then look no further. When engaging among our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Bittern, 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 accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is typically submitted 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 just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant period and indicates 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 not been separated for more than 12 months.

An application can still be made while the parties are living under the very same roof or if one has actually provided the other with some home services. It may be challenging to develop that separation has happened in these scenarios and accordingly the Court will need evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to live in Bittern indefinitely or otherwise be able to supply 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 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 marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.

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

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

Parenting Orders Bittern

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

Prior to the commencement of any Court procedures the parties are required to participate in, participate and make an authentic effort in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be organized with the help of lawyer, mediators and counsellors Bittern.

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 receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must concern the very best interests of the child as the paramount consideration.

According to 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 participation in their lives, to the optimum degree constant with the very best interest of the child; and

protecting the children from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and

making sure that kids get sufficient and correct parenting to assist them achieve their complete potential; and

ensuring that moms and dads satisfy their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may take into consideration in any specific circumstances.

Why Choose Our Family Lawyers Bittern VIC

We are passionate about providing a specialty Family Law service Bittern that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.

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