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Family Lawyer Blind Bight VIC

Family Lawyer Blind Bight VIC

Accredited Family Law & Separation Specialists In Blind Bight

We know family law. Our Family Solicitors Blind Bight have actually represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and 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 expertly throughout the Court process so that you get the very best possible result. If you are planning to engage the services of some of the very best family solicitors Blind Bight has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Blind Bight, the Family Law Act 1975 established 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 actually 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 file the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no probability 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 actually offered the other with some household services. It might be hard to establish that separation has taken place in these situations and accordingly the Court will require evidence in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to reside in Blind Bight indefinitely or otherwise have the ability to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been married for less than 2 years, the Court needs 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 proper plans have been made for any child of the marriage, 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 granted the Divorce becomes efficient one month and one day after the Order has actually been made.

When a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Blind Bight

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 start of any Court procedures the parties are required to participate in, take part and make an authentic attempt in fixing any parenting problems at a family 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 Authorization Orders. If no arrangement can be reached, further negotiations can be organized with the support of lawyer, conciliators and counsellors Blind Bight.

If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.

In parenting matters, a Court needs to regard the best interests of the child as the critical consideration.

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

making sure that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum level constant with the very best interest of the kid; and

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

ensuring that kids receive appropriate and proper parenting to help them achieve their complete potential; and

ensuring that parents fulfil their responsibilities, and satisfy their responsibilities, concerning the care, welfare and development of their children.

There are other factors that the Court may consider in any particular circumstances.

Why Choose Our Family Lawyers Blind Bight VIC

We are passionate about offering a specialized Family Law service Blind Bight that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal demands.

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