Accredited Family Law & Divorce Specialists In Bo Peep
We know family law. Our Family Solicitors Bo Peep have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are committed to assisting 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 acquire the best possible result. If you are looking to engage the services of some of the best family lawyers Bo Peep has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bo Peep, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations 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 typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a constant duration 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 handle 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 exact same roof or if one has supplied the other with some family services. It might be difficult to develop that separation has actually occurred in these scenarios and accordingly the Court will require 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 need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Bo Peep indefinitely or otherwise have the ability to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances 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 consider that proper plans have actually 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 home, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Bo Peep
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to attend, get involved and make a genuine effort in resolving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the support of lawyer, mediators and counsellors Bo Peep.
If no agreement can be reached beyond 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 attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must concern the very best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum level constant with the best interest of the child; and
safeguarding the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive sufficient and appropriate parenting to help them accomplish their complete potential; and
ensuring that moms and dads satisfy their tasks, and satisfy their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Bo Peep VIC
We are passionate about providing a specialized Family Law service Bo Peep that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal needs.