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Family Lawyer Brighton VIC

Family Lawyer Brighton VIC

Accredited Family Law & Divorce Specialists In Brighton

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

We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you get the best possible outcome. If you are looking to engage the services of some of the best family legal representatives Brighton has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Brighton, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests 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 usually 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 period 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 situations 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 exact same roof or if one has offered the other with some home services. It may be tough to develop that separation has taken place 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 partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to live in Brighton forever or otherwise be able to provide evidence that you resided in Australian for a minimum of 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 requires 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 have to consider that appropriate 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 dealt with as a member of that home, and under the age of 18.

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

Once a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Brighton

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 kid’s life.

Prior to the start of any Court procedures the parties are required to participate in, get involved and make a real attempt in solving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be set up with the support of lawyer, mediators and counsellors Brighton.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require 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 start of Court procedures.

In parenting matters, a Court needs to relate to the best interests of the kid as the critical factor to consider.

According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level consistent with the very best interest of the kid; 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 receive sufficient and correct parenting to help them accomplish their full potential; and

making sure that parents satisfy their duties, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may take into consideration in any specific scenarios.

Why Choose Our Family Lawyers Brighton VIC

We are passionate about giving a specialty Family Law service Brighton that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be guaranteed of our dedication to your legal needs.

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