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Family Lawyer Glenburn VIC

Family Lawyer Glenburn VIC

Accredited Family Law & Divorce Specialists In Glenburn

We understand family law. Our Family Lawyers Glenburn have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandpas, 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 expertise in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the very best possible result. If you are seeking to engage the services of some of the very best family lawyers Glenburn has to offer, then look no more. When engaging one of our specialists, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glenburn, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties submit the application together.

An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation period is to be a constant 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 exact same roof or if one has supplied the other with some family services. It may be hard to establish that separation has taken place in these circumstances and appropriately the Court will require proof in assistance of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Glenburn forever or otherwise be able to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.

In instances 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 need to think about that proper arrangements have actually been produced 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.

When a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has been made.

When a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Glenburn

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

Prior to the beginning of any Court proceedings the parties are needed to participate in, take part and make a genuine attempt in resolving any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be organized with the support of lawyer, mediators and counsellors Glenburn.

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 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 should concern the very best interests of the child as the paramount consideration.

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

making sure that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the best interest of the child; and

securing the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and

guaranteeing that children get sufficient and proper parenting to help them achieve their full potential; and

guaranteeing that parents fulfil their tasks, and fulfill their obligations, concerning the care, welfare and development of their children.

There are other aspects that the Court might consider in any specific scenarios.

Why Choose Our Family Lawyers Glenburn VIC

We are passionate about providing a specialty Family Law service Glenburn that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal needs.

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