Accredited Family Law & Separation Specialists In Bellbridge
We understand family law. Our Family Lawyers Bellbridge have represented numerous family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular proficiency 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 procedure so that you get the very best possible result. If you are aiming to engage the services of some of the very best family lawyers Bellbridge has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Bellbridge, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically 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 available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and means 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 exact same roof or if one has offered the other with some household services. It may be difficult to develop that separation has actually occurred in these situations and accordingly the Court will need proof 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 established, you or your partner has to regard Australia as your home, intend to live in Bellbridge indefinitely or otherwise have the ability to supply evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court needs 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 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bellbridge
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or 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 an authentic effort in fixing any parenting problems at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, conciliators and counsellors Bellbridge.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the child as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
making sure that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum level constant with the very best interest of the child; and
safeguarding the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children get sufficient and appropriate parenting to help them attain their full potential; and
guaranteeing that moms and dads fulfil their duties, and meet their duties, concerning the care, well-being and advancement of their kids.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Bellbridge VIC
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