Accredited Family Law & Divorce Specialists In Burnbank
We understand family law. Our Family Solicitors Burnbank have represented numerous family law customers over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are devoted 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 process so that you get the very best possible outcome. If you are wanting to engage the services of some of the best family legal representatives Burnbank 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 marriage.
In Burnbank, 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 accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally 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 submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a constant period and indicates 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 residing under the same roof or if one has actually supplied the other with some family services. It may be hard to develop that separation has actually taken place in these situations and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse 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, mean to live in Burnbank indefinitely or otherwise be able to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed for less than 2 years, the Court needs 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 proper arrangements have actually been produced 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.
Once a Divorce has been approved the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Burnbank
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, get involved and make a real attempt in fixing any parenting issues at a family disagreement resolution conference. Following completion 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 Consent Orders. If no agreement can be reached, even more settlements can be set up with the help of lawyer, mediators and counsellors Burnbank.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the very best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum extent constant with the best interest of the child; and
securing the children from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive sufficient and appropriate parenting to help them accomplish their full potential; and
ensuring that parents satisfy their duties, and fulfill their duties, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers Burnbank VIC
We are passionate about providing a specialized Family Law service Burnbank that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal demands.