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Family Lawyer Bowenvale VIC

Family Lawyer Bowenvale VIC

Accredited Family Law & Divorce Specialists In Bowenvale

We know family law. Our Family Lawyers Bowenvale have actually represented hundreds of family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and property division.

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

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Bowenvale, the Family Law Act 1975 developed 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 abandonment are unimportant. The only ground for Divorce is that the marriage 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 file the application together.

An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in scenarios 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 residing under the very same roof or if one has actually offered the other with some household services. It might be hard to develop that separation has taken place in these circumstances and accordingly the Court will require evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person 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 Bowenvale forever or otherwise have the ability to offer 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 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 need to consider 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 family, and under the age of 18.

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

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

Parenting Orders Bowenvale

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 commencement of any Court procedures the parties are required to participate in, get involved and make an authentic effort in fixing any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be set up with the support of solicitor, conciliators and counsellors Bowenvale.

If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have 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 should relate to the best interests of the kid as the critical consideration.

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

ensuring that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent consistent with the best interest of the child; and

protecting the children from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and

ensuring that kids get adequate and proper parenting to help them accomplish their complete potential; and

making sure that parents satisfy their tasks, and fulfill their duties, concerning the care, well-being and advancement of their kids.

There are other elements that the Court might take into account in any particular situations.

Why Choose Our Family Lawyers Bowenvale VIC

We are passionate about giving a specialty Family Law service Bowenvale that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our commitment to your legal needs.

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