Accredited Family Law & Divorce Specialists In Bell Post Hill
We know family law. Our Family Solicitors Bell Post Hill have represented hundreds of family law customers for many years and act for mums, fathers, 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 proficiency in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are wanting to engage the services of a few of the very best family legal representatives Bell Post Hill has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Bell Post Hill, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle 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 marriage has 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 submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no probability 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 living under the same roof or if one has provided the other with some home services. It may be challenging to establish that separation has occurred in these situations and appropriately the Court will need 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in Bell Post Hill 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 actually been wed for less than 2 years, the Court requires 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 have to think about that proper 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 treated as a member of that household, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being effective one month and one day after the Order has been made.
Once a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Bell Post Hill
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, take part and make an authentic effort in resolving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the support of lawyer, arbitrators and counsellors Bell Post Hill.
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 require confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the very best interests of the kid as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent consistent with the best interest of the child; and
safeguarding the children from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that kids get adequate and correct parenting to assist them accomplish their full potential; and
guaranteeing that moms and dads fulfil their tasks, and satisfy their obligations, concerning the care, well-being and development of their kids.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Bell Post Hill VIC
We are passionate about providing a specialized Prenup Bell Post Hill service that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be guaranteed of our commitment to your legal demands.