Accredited Family Law & Divorce Specialists In Bundalong
We know family law. Our Family Lawyers Bundalong have actually represented numerous family law customers for many years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the very best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives Bundalong has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bundalong, 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files 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 period is to be a continuous duration 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 deal with 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 same roof or if one has supplied the other with some household services. It may be hard to develop that separation has occurred in these circumstances and appropriately 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 have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in Bundalong indefinitely or otherwise be able to provide evidence that you lived 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 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 consider that proper plans have 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 household, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bundalong
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are needed to participate in, take part and make a real attempt in fixing any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be organized with the assistance of solicitor, arbitrators and counsellors Bundalong.
If no agreement 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 attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must concern the very best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the best interest of the child; and
safeguarding the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children get adequate and appropriate parenting to help them attain their complete potential; and
guaranteeing that moms and dads fulfil their responsibilities, and fulfill their obligations, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Bundalong VIC
We are passionate regarding offering a specialty Family Law service Bundalong that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal requirements.