Accredited Family Law & Divorce Specialists In Glenaire
We know family law. Our Family Solicitors Glenaire have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are aiming to engage the services of a few of the very best family solicitors Glenaire has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Glenaire, 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 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and indicates 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 deal with 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 living under the very same roof or if one has actually supplied the other with some household services. It may be hard to develop that separation has taken place in these scenarios 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 have 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 Glenaire forever or otherwise be able to supply proof 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 arrangements have 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 treated as a member of that household, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Glenaire
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 start of any Court procedures the parties are needed to attend, get involved and make a real effort in solving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be set up with the assistance of solicitor, mediators and counsellors Glenaire.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the child as the critical consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the kids from physical and mental harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive appropriate and proper parenting to assist them achieve their full potential; and
making sure that moms and dads satisfy their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might take into consideration in any specific situations.
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