Accredited Family Law & Separation Specialists In Bells Beach
We understand family law. Our Family Solicitors Bells Beach have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular know-how in divorce, child custody and property division.
We are committed to assisting 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 best possible result. If you are wanting to engage the services of a few of the very best family solicitors Bells Beach has to offer, then look no further. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Bells Beach, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. 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 files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month duration of separation. This 12 month separation period is to be a constant duration 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 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 residing under the very same roof or if one has offered the other with some family services. It might be hard to develop that separation has actually happened in these situations and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Bells Beach forever or otherwise be able to offer evidence that you resided 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 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 have to consider that correct arrangements 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 been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Bells Beach
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 commencement of any Court proceedings the parties are required to go to, take part and make a genuine attempt in solving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement 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 set up with the help of lawyer, arbitrators and counsellors Bells Beach.
If no agreement 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 dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the paramount factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum level constant with the best interest of the kid; and
safeguarding the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids get sufficient and correct parenting to help them accomplish their complete potential; and
ensuring that moms and dads fulfil their tasks, and meet their duties, concerning the care, welfare and development of their kids.
There are other aspects that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Bells Beach VIC
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