Accredited Family Law & Separation Specialists In Bete Bolong
We understand family law. Our Family Lawyers Bete Bolong have represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandfathers, married 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 specific expertise 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 possible, then we will represent you expertly throughout the Court procedure so that you get the best possible outcome. If you are planning to engage the services of some of the very best family solicitors Bete Bolong has to offer, then look no more. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Bete Bolong, the Family Law Act 1975 established 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 accusations of infidelity, violence or desertion are irrelevant. 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 marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is only offered 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 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 residing under the same roof or if one has offered the other with some family services. It may be tough to establish that separation has occurred in these scenarios and appropriately the Court will need 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 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, intend to live in Bete Bolong indefinitely or otherwise be able to provide proof that you resided 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 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 think about that appropriate plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that home, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Bete Bolong
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to attend, participate and make a genuine effort in resolving any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be organized with the support of lawyer, conciliators and counsellors Bete Bolong.
If no agreement can be reached beyond the court system, a person may 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 obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum degree constant with the very best interest of the child; and
securing the children from physical and psychological damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that kids get appropriate and correct parenting to assist them attain their full potential; and
making sure that moms and dads fulfil their duties, and meet their duties, concerning the care, well-being and development of their children.
There are other elements that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Bete Bolong VIC
We are passionate regarding giving a specialized Prenup Bete Bolong service that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our dedication to your legal demands.