Accredited Family Law & Separation Specialists In Glen Waverley
We know family law. Our Family Lawyers Glen Waverley have actually represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are planning to engage the services of some of the very best family solicitors Glen Waverley has to offer, then look no further. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Glen Waverley, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 duration and means 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 provided the other with some home services. It might be tough to establish that separation has taken place in these situations and appropriately the Court will require proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner 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, plan to reside in Glen Waverley 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 instances where a couple has been wed for less than 2 years, the Court requires 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 have to consider that proper arrangements 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 home, and under the age of 18.
Once a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has been made.
Once a Divorce has worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Glen Waverley
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to participate in, participate and make a genuine effort in resolving any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be set up with the support of lawyer, arbitrators and counsellors Glen Waverley.
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 need verification that the parties have actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must relate to the best interests of the child as the paramount consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the children have the benefit of both of their parents having a significant participation in their lives, to the optimum extent constant with the best interest of the kid; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get appropriate and correct parenting to assist them achieve their full potential; and
ensuring that moms and dads fulfil their responsibilities, and meet their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into account in any particular circumstances.
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