Accredited Family Law & Divorce Specialists In Bacchus Marsh
We know family law. Our Family Lawyers Bacchus Marsh have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you acquire the best possible result. If you are aiming to engage the services of a few of the very best family solicitors Bacchus Marsh has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bacchus Marsh, the Family Law Act 1975 established 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 abandonment are unimportant. The only ground for Divorce is that the marital relationship has 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 marriage files 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 continuous period and indicates more than physical separation where there is no possibility of reconciliation.
The application can be opposed in scenarios 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 exact same roof or if one has supplied the other with some family services. It might be difficult to establish that separation has actually taken place in these scenarios and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to reside in Bacchus Marsh forever or otherwise be able to provide proof 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 wed 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 have to think about that appropriate arrangements 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.
When a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bacchus Marsh
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, get involved and make a real attempt in solving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be organized with the support of lawyer, conciliators and counsellors Bacchus Marsh.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have 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 proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the critical factor to consider.
Inning accordance with area 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 moms and dads having a meaningful involvement in their lives, to the maximum extent consistent with the very best interest of the kid; and
safeguarding the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that kids receive sufficient and appropriate parenting to help them achieve their full potential; and
making sure that moms and dads fulfil their tasks, and satisfy their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Bacchus Marsh VIC
We are passionate about providing a specialty Prenup Bacchus Marsh service that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.