Accredited Family Law & Separation Specialists In Bobinawarrah
We know family law. Our Family Lawyers Bobinawarrah 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 solicitors can represent you in all elements of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are planning to engage the services of a few of the very best family solicitors Bobinawarrah has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bobinawarrah, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, 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 usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only 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 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 same roof or if one has provided the other with some home services. It may be difficult to establish that separation has actually occurred in these situations and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration 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 developed, you or your spouse needs to regard Australia as your home, plan to reside in Bobinawarrah forever or otherwise have the ability to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed for less than 2 years, the Court requires 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 proper plans have 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 household, and under the age of 18.
When a Divorce has been approved the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bobinawarrah
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 proceedings the parties are needed to attend, take part and make a genuine attempt in resolving any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be organized with the assistance of lawyer, conciliators and counsellors Bobinawarrah.
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 need confirmation that the parties have attempted a conflict 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 relate to the very best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum level consistent with the best interest of the kid; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids receive appropriate and appropriate parenting to help them accomplish their full potential; and
guaranteeing that parents fulfil their responsibilities, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other factors that the Court might take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Bobinawarrah VIC
We are passionate regarding providing a specialty Family Law service Bobinawarrah that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal demands.