Accredited Family Law & Divorce Specialists In Berwick
We understand family law. Our Family Lawyers Berwick have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are seeking to engage the services of a few of the very best family legal representatives Berwick has to offer, then look no more. 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 marital relationship.
In Berwick, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means 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 marital relationship has 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 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 period of separation. This 12 month separation period is to be a continuous duration and implies more than physical separation where there is no likelihood 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 exact same roof or if one has actually provided the other with some family services. It might be challenging to establish that separation has actually happened in these scenarios and appropriately the Court will need proof in support of the application.
In addition to the requirements of a duration 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 developed, you or your partner needs to regard Australia as your home, plan to live in Berwick indefinitely or otherwise be able to supply proof that you lived in Australian for a minimum of 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 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 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has actually been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Berwick
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, take part and make an authentic effort in resolving 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 Consent Orders. If no contract can be reached, even more settlements can be set up with the support of lawyer, conciliators and counsellors Berwick.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should regard the very best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree constant with the very best interest of the kid; and
protecting the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children receive appropriate and proper parenting to help them attain their full potential; and
making sure that moms and dads satisfy their duties, and fulfill their obligations, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers Berwick VIC
We are passionate about offering a specialty Prenup Berwick service that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal needs.