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Prenup North Bendigo VIC

Prenup North Bendigo VIC

Accredited Family Law & Separation Specialists In North Bendigo

We know family law. Our Family Solicitors North Bendigo have represented hundreds of family law clients throughout the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as rapidly 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 result. If you are wanting to engage the services of a few of the very best family lawyers North Bendigo has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In North Bendigo, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is typically filed 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 file the application together.

An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no possibility of reconciliation.

The application can be opposed in circumstances where the Court does not have jurisdiction to handle the matter or otherwise where the parties to the proceedings have 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 actually offered the other with some home services. It might be challenging to establish that separation has actually occurred in these situations and accordingly the Court will require evidence in support of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in North Bendigo 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 circumstances where a couple has been married for less than 2 years, the Court requires the parties to go to 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 proper plans have actually been made for any child of the marital relationship, 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 household, and under the age of 18.

When a Divorce has been given the Divorce ends up being effective 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 may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders North Bendigo

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.

Prior to the commencement of any Court proceedings the parties are needed to participate in, get involved and make an authentic effort in resolving any parenting problems at a family conflict 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 arrangement can be reached, further settlements can be arranged with the help of lawyer, conciliators and counsellors North Bendigo.

If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must regard the best interests of the child as the paramount consideration.

Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:

making sure that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum extent constant with the best interest of the child; and

safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that children get appropriate and proper parenting to help them achieve their complete potential; and

guaranteeing that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, welfare and development of their children.

There are other elements that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers North Bendigo VIC

We are passionate regarding providing a specialized Prenup North Bendigo service that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be guaranteed of our commitment to your legal requirements.

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