Accredited Family Law & Separation Specialists In North Bendigo
We understand family law. Our Family Solicitors North Bendigo 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 experienced family law and divorce solicitors can represent you in all aspects of family law, having particular know-how in divorce, child custody and home division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible result. If you are planning to engage the services of some of the best family legal representatives North Bendigo has to offer, then look no more. 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 marriage.
In North Bendigo, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations 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 generally 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 just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests 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 residing under the exact same roof or if one has offered the other with some home services. It may be tough to establish that separation has actually occurred in these situations 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, mean to reside in North Bendigo indefinitely or otherwise be able to supply evidence 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 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 need to think about that proper plans have actually been produced any child of the marital relationship, 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.
Once a Divorce has been given the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders North Bendigo
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 beginning of any Court procedures the parties are needed to participate in, get involved and make a real effort in dealing with any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of solicitor, mediators and counsellors North Bendigo.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually 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 procedures.
In parenting matters, a Court must relate to the best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the maximum degree constant with the best interest of the kid; and
safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive appropriate and appropriate parenting to assist them achieve their full potential; and
guaranteeing that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers North Bendigo VIC
We are passionate about providing a specialty Family Law service North Bendigo that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be guaranteed of our commitment to your legal demands.