Accredited Family Law & Divorce Specialists In Glen Iris
We know family law. Our Family Solicitors Glen Iris have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, married 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 home 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 skillfully throughout the Court process so that you obtain the very best possible result. If you are planning to engage the services of some of the best family lawyers Glen Iris has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Glen Iris, the Family Law Act 1975 developed 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 abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no probability 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 exact same roof or if one has provided the other with some home services. It may be challenging to develop that separation has actually occurred in these situations and accordingly 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 spouse will need 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, mean to reside in Glen Iris forever or otherwise be able to provide evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 consider that proper plans have been produced 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 approved the Divorce ends up being effective one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Glen Iris
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are required to go to, participate and make an authentic attempt in resolving any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be set up with the help of lawyer, arbitrators and counsellors Glen Iris.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should relate to the very best interests of the kid as the paramount consideration.
Inning accordance with 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 meaningful involvement in their lives, to the optimum extent constant with the very best interest of the child; and
safeguarding the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to assist them achieve their full potential; and
guaranteeing that moms and dads satisfy their responsibilities, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other factors that the Court might consider in any particular scenarios.
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