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Domestic Violence Lawyer Glenbrae VIC

Domestic Violence Lawyer Glenbrae VIC

Accredited Family Law & Separation Specialists In Glenbrae

We understand family law. Our Family Lawyers Glenbrae have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property 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 expertly throughout the Court process so that you get the best possible result. If you are looking to engage the services of a few of the best family solicitors Glenbrae has to offer, then look no more. When engaging among our experts, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glenbrae, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is typically submitted 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 just available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no probability 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 not been separated for more than 12 months.

An application can still be made while the parties are residing under the same roof or if one has actually supplied the other with some family services. It may be tough to develop that separation has actually occurred in these situations and appropriately the Court will need 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 developed, you or your spouse needs to regard Australia as your home, plan to live in Glenbrae forever or otherwise be able to offer evidence that you lived 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 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 appropriate 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 home, and under the age of 18.

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

When a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Glenbrae

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

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

If an agreement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be arranged with the help of lawyer, arbitrators and counsellors Glenbrae.

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 verification that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court must relate to the very best interests of the child as the critical consideration.

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

making sure that the children have the advantage of both of their parents having a meaningful 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 harm and from going through, or exposed to, abuse, neglect or family violence; and

ensuring that children get adequate and correct parenting to assist them attain their full potential; and

making sure that moms and dads fulfil their duties, and meet their duties, concerning the care, well-being and development of their children.

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

Why Choose Our Domestic Violence Lawyers Glenbrae VIC

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

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