Accredited Family Law & Separation Specialists In Beulah
We understand family law. Our Family Solicitors Beulah have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property 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 process so that you get the very best possible outcome. If you are planning to engage the services of a few of the very best family legal representatives Beulah has to offer, then look no more. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Beulah, 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 unimportant. The only ground for Divorce is that the marriage 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 marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation period is to be a constant period and indicates 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 actually offered the other with some household services. It might be difficult to develop that separation has occurred in these scenarios and accordingly the Court will require proof in support 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 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 Beulah forever or otherwise be able to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has 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 arrangements have actually been produced any child of the marriage, 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 actually been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration might be given in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Beulah
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to participate in, take part and make a genuine effort in solving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be arranged with the support of solicitor, conciliators and counsellors Beulah.
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 actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to regard the best interests of the child as the paramount consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their parents having a significant involvement in their lives, to the maximum level constant with the very best interest of the child; and
securing the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and proper parenting to assist them accomplish their complete potential; and
ensuring that parents fulfil their duties, and fulfill their responsibilities, concerning the care, well-being and development of their kids.
There are other aspects that the Court may consider in any specific circumstances.
Why Choose Our Family Lawyers Beulah VIC
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