Accredited Family Law & Divorce Specialists In Bravington
We understand family law. Our Family Solicitors Bravington have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial 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 process so that you acquire the best possible outcome. If you are planning to engage the services of a few of the best family solicitors Bravington has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bravington, the Family Law Act 1975 established 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 allegations of adultery, 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 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 submit the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous period and indicates 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 handle 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 very same roof or if one has actually supplied the other with some home services. It might be challenging to develop that separation has taken place in these circumstances and appropriately the Court will require proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will need 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 live in Bravington indefinitely or otherwise have the ability to supply proof that you lived 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 requires the parties to attend 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 arrangements have actually been produced 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.
Once a Divorce has actually been given the Divorce becomes reliable 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 where to submit an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Bravington
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, participate and make a genuine effort in dealing with any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be arranged with the help of solicitor, arbitrators and counsellors Bravington.
If no contract 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 obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should concern the very best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent constant with the best interest of the child; and
protecting the children from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get sufficient and proper parenting to help them accomplish their full potential; and
making sure that parents satisfy their responsibilities, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other factors that the Court might take into consideration in any specific situations.
Why Choose Our Family Lawyers Bravington VIC
We are passionate about giving a specialized Family Law service Bravington that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal needs.