Accredited Family Law & Divorce Specialists In Bannockburn
We understand family law. Our Family Lawyers Bannockburn have actually represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and property division.
We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are wanting to engage the services of some of the best family lawyers Bannockburn has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bannockburn, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually 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 marital relationship 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 continuous period and implies 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 deal with 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 very same roof or if one has offered the other with some family services. It may be tough to establish that separation has actually happened in these situations and appropriately the Court will require evidence in assistance of the application.
In addition to the requirements of a duration 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 has to regard Australia as your home, intend to live in Bannockburn forever 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 instances where a couple has actually been married 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 think about that appropriate plans have been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bannockburn
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 beginning of any Court proceedings the parties are required to attend, take part and make a real effort in resolving any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be organized with the assistance of lawyer, mediators and counsellors Bannockburn.
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 actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should regard the best interests of the kid as the vital consideration.
Inning accordance with area 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 moms and dads having a meaningful involvement in their lives, to the optimum extent consistent with the very best interest of the child; and
protecting the children from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that kids get sufficient and appropriate parenting to assist them attain their complete potential; and
guaranteeing that moms and dads satisfy their responsibilities, and satisfy their obligations, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into consideration in any particular scenarios.
Why Choose Our Family Lawyers Bannockburn VIC
We are passionate regarding giving a specialized Prenup Bannockburn service that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be assured of our dedication to your legal demands.