Accredited Family Law & Divorce Specialists In Glenlofty
We understand family law. Our Family Solicitors Glenlofty have represented numerous family law customers throughout the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are aiming to engage the services of a few of the very best family solicitors Glenlofty has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Glenlofty, the Family Law Act 1975 developed 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 files 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 duration of separation. This 12 month separation duration is to be a continuous duration and implies 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 offered the other with some family services. It might be tough to develop that separation has occurred 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 developed, you or your spouse needs to regard Australia as your home, intend to live in Glenlofty indefinitely or otherwise have the ability to supply proof that you resided in Australian for a minimum of 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 attend 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 think about that correct arrangements have actually been made for any child of the marriage, 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.
When a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Glenlofty
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to participate in, get involved and make a genuine effort in resolving any parenting concerns at a household dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, mediators and counsellors Glenlofty.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the best interests of the kid as the critical consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the maximum degree consistent with the very best interest of the kid; and
safeguarding the kids from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids receive appropriate and correct parenting to help them accomplish their full potential; and
guaranteeing that parents fulfil their responsibilities, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into consideration in any specific situations.
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