Accredited Family Law & Separation Specialists In Glenthompson
We understand family law. Our Family Lawyers Glenthompson have actually represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific competence in divorce, child custody and home division.
We are dedicated 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 best possible result. If you are aiming to engage the services of some of the very best family legal representatives Glenthompson has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Glenthompson, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 marital relationship submits the application, or a joint application where both parties file 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 suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 living under the very same roof or if one has provided the other with some family services. It might be tough to establish that separation has actually happened in these situations and appropriately 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to reside in Glenthompson indefinitely or otherwise have the ability to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed for less than 2 years, the Court needs 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 think about that correct arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Glenthompson
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to attend, participate and make a genuine effort in dealing with any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more negotiations can be organized with the help of solicitor, mediators and counsellors Glenthompson.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have tried 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 needs to relate to the best interests of the kid as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure 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 best interest of the child; and
safeguarding the kids from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get appropriate and proper parenting to help them achieve their complete potential; and
ensuring that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, welfare and development of their children.
There are other factors that the Court may take into account in any particular situations.
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