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Family Lawyer Lake Bolac VIC

Family Lawyer Lake Bolac VIC

Accredited Family Law & Separation Specialists In Lake Bolac

We know family law. Our Family Lawyers Lake Bolac have actually represented numerous family law clients throughout the years and act for mums, dads, grandmas, 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 specific knowledge in divorce, child custody and property division.

We are devoted to assisting 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 obtain the best possible result. If you are seeking to engage the services of a few of the best family legal representatives Lake Bolac has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Lake Bolac, 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 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 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 file the application together.

An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and means more than physical separation where there is no likelihood 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 not been separated for more than 12 months.

An application can still be made while the parties are living under the same roof or if one has supplied the other with some family services. It might be difficult to establish that separation has taken place in these situations and appropriately the Court will require evidence in support of the application.

In addition to the requirements of a period 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 developed, you or your spouse has to regard Australia as your home, plan to live in Lake Bolac indefinitely or otherwise have the ability to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually been wed 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 consider that appropriate arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.

When a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has actually been made.

As soon as a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Lake Bolac

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.

Prior to the start of any Court procedures the parties are needed to attend, get involved and make a genuine attempt in resolving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be organized with the help of solicitor, mediators and counsellors Lake Bolac.

If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court needs to relate to the best interests of the kid as the vital consideration.

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

making sure that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum level constant with the best interest of the kid; and

securing the children from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that kids get adequate and correct parenting to assist them attain their complete potential; and

ensuring that moms and dads fulfil their duties, and meet their responsibilities, concerning the care, well-being and development of their children.

There are other aspects that the Court might consider in any specific circumstances.

Why Choose Our Family Lawyers Lake Bolac VIC

We are passionate about offering a specialized Family Law service Lake Bolac that welcomes you, understands you as well as shows you empathy in challenging times. Figure out why you can be assured of our dedication to your legal needs.

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