Accredited Family Law & Divorce Specialists In Bright
We understand family law. Our Family Solicitors Bright have represented numerous family law customers for many years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and home division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you get the very best possible result. If you are aiming to engage the services of a few of the very best family legal representatives Bright has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Bright, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 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 marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 residing under the very same roof or if one has actually offered the other with some family services. It may be tough to establish that separation has actually happened in these scenarios and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to live in Bright forever or otherwise have the ability to supply evidence 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 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 consider that proper arrangements 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 family, and under the age of 18.
When a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has actually taken effect, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Bright
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court procedures the parties are required to participate in, get involved and make a real effort in resolving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be arranged with the support of lawyer, arbitrators and counsellors Bright.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must regard the best interests of the kid as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree consistent with the best interest of the child; and
securing the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children get adequate and proper parenting to assist them attain their complete potential; and
making sure that parents fulfil their responsibilities, and meet their duties, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Bright VIC
We are passionate about offering a specialty Family Law service Bright that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be assured of our commitment to your legal requirements.