Accredited Family Law & Divorce Specialists In Bullengarook
We understand family law. Our Family Solicitors Bullengarook have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular knowledge in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are looking to engage the services of a few of the best family legal representatives Bullengarook has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bullengarook, the Family Law Act 1975 developed 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 infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally filed 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 file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and means 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 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 living under the exact same roof or if one has actually offered the other with some family services. It may be difficult to develop that separation has occurred in these scenarios and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia person 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 Bullengarook forever or otherwise be able to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married 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 correct plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
When a Divorce has been given the Divorce becomes efficient 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 duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Bullengarook
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 proceedings the parties are needed to go to, get involved and make an authentic attempt in dealing with any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be organized with the assistance of lawyer, conciliators and counsellors Bullengarook.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court must concern the very best interests of the child as the critical consideration.
According to section 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 extent constant with the very best interest of the kid; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and appropriate parenting to assist them achieve their full potential; and
guaranteeing that parents fulfil their responsibilities, and fulfill their duties, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Bullengarook VIC
We are passionate about offering a specialized Family Law service Bullengarook that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be guaranteed of our commitment to your legal demands.