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Domestic Violence Lawyer Glendonald VIC

Domestic Violence Lawyer Glendonald VIC

Accredited Family Law & Divorce Specialists In Glendonald

We understand family law. Our Family Solicitors Glendonald have actually represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, 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 expertise in divorce, child custody and home division.

We are committed to helping 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 acquire the best possible result. If you are planning to engage the services of a few of the best family legal representatives Glendonald has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glendonald, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is generally 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 file the application together.

An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and means more than physical separation where there is no possibility of reconciliation.

The application can be opposed in scenarios 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 living under the same roof or if one has supplied the other with some home services. It may be tough to develop that separation has actually happened in these situations and accordingly 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 person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Glendonald forever or otherwise have the ability to offer 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 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 need to think about that appropriate arrangements have actually 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 family, and under the age of 18.

Once a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.

Once a Divorce has actually worked, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Glendonald

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

Prior to the beginning of any Court proceedings the parties are required to participate in, participate and make a real attempt in solving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be arranged with the support of lawyer, arbitrators and counsellors Glendonald.

If no contract can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

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

Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

making sure that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the very best interest of the child; and

securing the children from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that kids receive appropriate and correct parenting to help them accomplish their full potential; and

ensuring that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, well-being and development of their children.

There are other factors that the Court might take into account in any specific circumstances.

Why Choose Our Domestic Violence Lawyers Glendonald VIC

We are passionate about offering a specialized domestic violence lawyer Glendonald 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 demands.

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