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Domestic Violence Lawyer Glenpatrick VIC

Domestic Violence Lawyer Glenpatrick VIC

Accredited Family Law & Divorce Specialists In Glenpatrick

We know family law. Our Family Lawyers Glenpatrick have actually represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and residential or commercial property 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 expertly throughout the Court procedure so that you get the very best possible outcome. If you are aiming to engage the services of a few of the very best family legal representatives Glenpatrick has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Glenpatrick, 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 actually broken down irretrievably.

Any application for Divorce is typically 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 submit 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 continuous period and means more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in scenarios where the Court does not have jurisdiction to deal with 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 residing under the exact same roof or if one has supplied the other with some home services. It might be difficult to establish that separation has taken place in these situations and accordingly 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 spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Glenpatrick indefinitely or otherwise be able to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has actually been wed 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 marital relationship, 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.

When a Divorce has actually been granted the Divorce ends up being 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 duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Glenpatrick

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

Prior to the commencement of any Court proceedings the parties are required to attend, take part and make a real attempt in dealing with any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of 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 assistance of lawyer, conciliators and counsellors Glenpatrick.

If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

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

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

guaranteeing that the children have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the best interest of the child; and

safeguarding the kids from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and

ensuring that kids get appropriate and correct parenting to help them attain their complete potential; and

ensuring that parents fulfil their responsibilities, and fulfill their obligations, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may consider in any specific scenarios.

Why Choose Our Domestic Violence Lawyers Glenpatrick VIC

We are passionate about providing a specialty domestic violence lawyer Glenpatrick service that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal requirements.

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