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Domestic Violence Lawyer Glengarry West VIC

Domestic Violence Lawyer Glengarry West VIC

Accredited Family Law & Separation Specialists In Glengarry West

We understand family law. Our Family Solicitors Glengarry West have actually represented numerous family law customers for many years and act for mums, dads, grandmothers, grandpas, married 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 knowledge in divorce, child custody and property division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Glengarry West has to offer, then look no further. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glengarry West, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually 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 only readily 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 probability 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 residing under the same roof or if one has actually offered the other with some home services. It might be tough to establish that separation has actually taken place in these situations and accordingly the Court will require proof in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to live in Glengarry West indefinitely or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has actually been married 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 appropriate arrangements have been produced any child of the marriage, or a child from another relationship, or a child who has 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 given the Divorce ends up being reliable one month and one day after the Order has actually been made.

As soon as a Divorce has actually taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. 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 Glengarry West

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

Prior to the start of any Court procedures the parties are required to attend, participate and make a real attempt in fixing any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, further negotiations can be set up with the support of lawyer, arbitrators and counsellors Glengarry West.

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

In parenting matters, a Court must concern the best interests of the kid as the critical factor to consider.

According to section 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 parents having a meaningful participation in their lives, to the maximum degree consistent with the best interest of the kid; and

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

ensuring that kids get appropriate and proper parenting to assist them achieve their complete potential; and

guaranteeing that moms and dads satisfy their responsibilities, and meet their obligations, concerning the care, welfare and advancement of their children.

There are other elements that the Court might consider in any particular circumstances.

Why Choose Our Domestic Violence Lawyers Glengarry West VIC

We are passionate about providing a specialized domestic violence lawyer Glengarry West service that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal requirements.

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