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Family Lawyer Glenbrae VIC

Family Lawyer Glenbrae VIC

Accredited Family Law & Divorce Specialists In Glenbrae

We know family law. Our Family Lawyers Glenbrae have represented numerous family law clients over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and property division.

We are committed to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible result. If you are wanting to engage the services of a few of the very best family legal representatives Glenbrae has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glenbrae, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is normally 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 just readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies 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 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 exact same roof or if one has actually offered the other with some home services. It might be difficult to establish that separation has actually occurred in these scenarios and appropriately the Court will need proof in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will have 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 live in Glenbrae forever or otherwise have the ability to supply evidence that you resided in Australian for at least 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 appropriate arrangements have been made for any child of the marital relationship, 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 home, and under the age of 18.

As soon as a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has been made.

As soon as a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Glenbrae

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

Prior to the beginning of any Court procedures the parties are required to attend, participate and make a genuine effort in dealing with any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be organized with the support of lawyer, conciliators and counsellors Glenbrae.

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 need confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court must regard the best interests of the kid as the critical consideration.

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

making sure that the kids have the benefit of both of their parents having a meaningful participation in their lives, to the maximum extent constant with the best interest of the child; and

securing the kids from physical and mental harm and from being subjected to, or exposed to, abuse, neglect or family violence; and

guaranteeing that kids receive adequate and correct parenting to assist them attain their full potential; and

guaranteeing that moms and dads fulfil their tasks, and satisfy their obligations, concerning the care, well-being and development of their children.

There are other elements that the Court might take into account in any specific scenarios.

Why Choose Our Family Lawyers Glenbrae VIC

We are passionate regarding offering a specialized Family Law service Glenbrae that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal needs.

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