Accredited Family Law & Separation Specialists In Benalla
We understand family law. Our Family Lawyers Benalla have actually represented numerous family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific proficiency 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 attainable, then we will represent you expertly throughout the Court procedure so that you acquire the very best possible outcome. If you are seeking to engage the services of a few of the very best family legal representatives Benalla has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Benalla, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies 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 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 only available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 supplied the other with some family services. It may be difficult to establish that separation has occurred in these situations and appropriately the Court will require proof 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 established, you or your partner has to regard Australia as your home, intend to live in Benalla indefinitely or otherwise be able to offer evidence 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 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 need to consider that proper plans have 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.
Once a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Benalla
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 start of any Court proceedings the parties are required to go to, get involved and make a real attempt in dealing with any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of lawyer, mediators and counsellors Benalla.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must relate to 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 fulfilled by:
ensuring that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree consistent with the best interest of the kid; and
securing the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that kids receive sufficient and proper parenting to assist them attain their complete potential; and
guaranteeing that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, welfare and development of their kids.
There are other aspects that the Court might take into account in any specific circumstances.
Why Choose Our Family Lawyers Benalla VIC
We are passionate about giving a specialty Prenup Benalla service that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be assured of our dedication to your legal demands.