Accredited Family Law & Divorce Specialists In Bungalally
We understand family law. Our Family Solicitors Bungalally have represented numerous family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, married 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 expertise in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly 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 planning to engage the services of a few of the very best family solicitors Bungalally has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bungalally, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests 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 actually 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous 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 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 very same roof or if one has supplied the other with some family services. It might be hard to establish that separation has occurred in these circumstances and appropriately the Court will require evidence in assistance of the application.
In addition to the requirements of a duration 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 spouse has to regard Australia as your home, plan to live in Bungalally forever or otherwise have the ability to offer 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 married for less than 2 years, the Court needs 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 appropriate plans have 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 home, and under the age of 18.
When a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bungalally
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are needed to attend, take part and make a real attempt in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be set up with the support of lawyer, conciliators and counsellors Bungalally.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the child as the paramount consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent consistent with the best interest of the kid; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and correct parenting to help them attain their complete potential; and
guaranteeing that moms and dads fulfil their duties, and meet their obligations, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into consideration in any specific situations.
Why Choose Our Family Lawyers Bungalally VIC
We are passionate regarding providing a specialty Family Law service Bungalally that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal demands.