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Domestic Violence Lawyer Gladfield VIC

Domestic Violence Lawyer Gladfield VIC

Accredited Family Law & Separation Specialists In Gladfield

We know family law. Our Family Solicitors Gladfield have actually represented numerous family law customers for many years and act for mums, dads, grandmothers, grandpas, 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 quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you obtain the very best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Gladfield has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Gladfield, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually 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 file the application together.

An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant period and implies more than physical separation where there is no likelihood 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 offered the other with some household services. It might be difficult to develop that separation has actually happened in these scenarios and appropriately the Court will need evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will need 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, mean to live in Gladfield forever or otherwise have the ability to supply evidence that you resided 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 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 have to think about that appropriate plans have actually been produced 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 home, and under the age of 18.

As soon as a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has been made.

When a Divorce has taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Gladfield

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

Prior to the beginning of any Court proceedings the parties are needed to participate in, take part and make an authentic effort in fixing any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be set up with the assistance of solicitor, conciliators and counsellors Gladfield.

If no arrangement can be reached outside of the court system, an individual 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 start of Court proceedings.

In parenting matters, a Court should relate to the very best interests of the kid as the paramount factor to consider.

According to area 60B of the Family Law Act 1975, the best interests of the children are met by:

guaranteeing that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum level consistent with the very best interest of the kid; and

safeguarding the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

guaranteeing that kids get appropriate and proper parenting to help them attain their complete potential; and

making sure that parents fulfil their duties, and satisfy their obligations, concerning the care, well-being and advancement of their kids.

There are other factors that the Court might consider in any particular situations.

Why Choose Our Domestic Violence Lawyers Gladfield VIC

We are passionate about giving a specialty domestic violence lawyer Gladfield service that welcomes you, understands you and shows you empathy in hard times. Learn why you can be assured of our commitment to your legal requirements.

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