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Domestic Violence Lawyer Glenroy VIC

Domestic Violence Lawyer Glenroy VIC

Accredited Family Law & Separation Specialists In Glenroy

We know family law. Our Family Lawyers Glenroy have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and home division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are aiming to engage the services of some of the best family lawyers Glenroy has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glenroy, the Family Law Act 1975 established 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 files the application, or a joint application where both parties submit the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and implies 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 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 provided the other with some household services. It might be hard to develop that separation has occurred in these circumstances and appropriately the Court will require evidence in assistance 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 established, you or your partner needs to regard Australia as your home, mean to live in Glenroy forever or otherwise be able to offer evidence 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 wed 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 need to consider that appropriate plans have been produced 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 home, and under the age of 18.

As soon as a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.

Once a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Glenroy

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

Prior to the commencement of any Court proceedings the parties are needed to attend, participate and make a real attempt in solving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, even more settlements can be set up with the support of solicitor, conciliators and counsellors Glenroy.

If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court needs to concern the very best interests of the child as the vital consideration.

According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

ensuring that the kids have the advantage 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 child; and

safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and

ensuring that children get appropriate and correct parenting to help them accomplish their complete potential; and

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

There are other factors that the Court may take into consideration in any specific circumstances.

Why Choose Our Domestic Violence Lawyers Glenroy VIC

We are passionate about offering a specialized domestic violence lawyer Glenroy service that welcomes you, understands you and also shows you empathy in challenging times. Find out why you can be assured of our commitment to your legal demands.

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