Accredited Family Law & Separation Specialists In Bandiana
We understand family law. Our Family Lawyers Bandiana have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are seeking to engage the services of a few of the very best family legal representatives Bandiana has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Bandiana, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies 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 broken down irretrievably.
Any application for Divorce is generally 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 just offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no probability 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 residing under the very same roof or if one has provided the other with some home services. It may be challenging to establish that separation has happened in these circumstances and accordingly 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 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, plan to reside in Bandiana indefinitely or otherwise be able to supply proof that you resided in Australian for at least 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 needs the parties to participate in 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 produced 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 household, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes effective 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 period where to submit 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 Bandiana
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 needed to go to, get involved and make a real attempt in dealing with any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be arranged with the assistance of solicitor, arbitrators and counsellors Bandiana.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the child; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive appropriate and correct parenting to help them achieve their complete potential; and
guaranteeing that parents fulfil their tasks, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court may consider in any particular scenarios.
Why Choose Our Family Lawyers Bandiana VIC
We are passionate regarding providing a specialized Prenup Bandiana service that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal requirements.