Accredited Family Law & Separation Specialists In Glenmore
We know family law. Our Family Solicitors Glenmore have represented numerous family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge 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 achievable, 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 a few of the best family lawyers Glenmore has to offer, then look no further. When engaging among our experts, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Glenmore, the Family Law Act 1975 developed 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 accusations 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 usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a constant period 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 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 living under the same roof or if one has supplied the other with some family services. It might be tough to establish that separation has actually occurred in these circumstances and appropriately the Court will require proof in support of the application.
In addition to the requirements of a duration 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 established, you or your partner has to regard Australia as your home, plan to live in Glenmore indefinitely or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married 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 correct plans have 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has actually been given 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 maintenance. An extension to this duration might be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Glenmore
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to participate in, get involved and make an authentic attempt in solving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be set up with the help of lawyer, arbitrators and counsellors Glenmore.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must relate to the best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum level consistent with the best interest of the kid; and
protecting the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and correct parenting to assist them accomplish their complete potential; and
making sure that moms and dads fulfil their tasks, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into account in any specific situations.
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