Accredited Family Law & Divorce Specialists In Bellarine
We know family law. Our Family Solicitors Bellarine have actually represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, 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 specific know-how in divorce, child custody and home division.
We are dedicated to assisting 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 obtain the best possible outcome. If you are wanting to engage the services of a few of the best family solicitors Bellarine has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bellarine, the Family Law Act 1975 developed 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 infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is usually 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 submit the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies 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 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 living under the same roof or if one has actually provided the other with some family services. It may be hard to develop that separation has occurred in these circumstances and accordingly 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 have 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, intend to reside in Bellarine indefinitely or otherwise be able to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 correct plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Bellarine
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 kid’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, participate and make a real attempt in dealing with any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be set up with the help of lawyer, conciliators and counsellors Bellarine.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must relate to the best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level consistent with the very best interest of the child; and
securing the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that children get appropriate and appropriate parenting to assist them achieve their complete potential; and
making sure that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Bellarine VIC
We are passionate regarding giving a specialty Prenup Bellarine service that welcomes you, understands you and also shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal demands.