Accredited Family Law & Separation Specialists In Bridgewater
We know family law. Our Family Solicitors Bridgewater have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and property division.
We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you get the best possible result. If you are planning to engage the services of some of the very best family legal representatives Bridgewater has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bridgewater, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally submitted 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 submit the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant period 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 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 family services. It might be tough to develop that separation has taken place in these circumstances and accordingly 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 spouse will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Bridgewater forever or otherwise be able to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 have to think about that appropriate 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 family, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Bridgewater
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 go to, participate and make a genuine attempt in fixing any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be set up with the help of solicitor, mediators and counsellors Bridgewater.
If no agreement can be reached beyond the court system, a person may 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 invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the child as the paramount consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the optimum level constant with the very best interest of the child; and
protecting the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
making sure that children receive sufficient and appropriate parenting to assist them accomplish their complete potential; and
making sure that parents fulfil their tasks, and meet their duties, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Bridgewater VIC
We are passionate about providing a specialty Family Law service Bridgewater that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be assured of our dedication to your legal demands.