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Family Lawyer Glenlee VIC

Family Lawyer Glenlee VIC

Accredited Family Law & Separation Specialists In Glenlee

We know family law. Our Family Solicitors Glenlee have actually represented numerous family law clients for many years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular competence in divorce, child custody and residential or commercial property division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you obtain the very best possible outcome. If you are wanting to engage the services of a few of the best family solicitors Glenlee has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glenlee, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 marriage submits the application, or a joint application where both parties submit 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 period and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 living under the exact same roof or if one has supplied the other with some home services. It may be difficult to develop that separation has actually occurred in these circumstances and accordingly the Court will require evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to reside in Glenlee forever or otherwise have the ability to offer evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has been married 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 consider that appropriate plans have been made for any child of the marriage, 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.

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

Once a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Glenlee

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

Prior to the start of any Court proceedings the parties are needed to go to, participate and make an authentic attempt in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be set up with the assistance of solicitor, arbitrators and counsellors Glenlee.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.

In parenting matters, a Court needs to regard the best interests of the child as the critical consideration.

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

ensuring that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the kid; 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 proper parenting to help them accomplish their complete potential; and

guaranteeing that moms and dads satisfy their duties, and meet their duties, concerning the care, welfare and advancement of their kids.

There are other factors that the Court may take into account in any particular circumstances.

Why Choose Our Family Lawyers Glenlee VIC

We are passionate about providing a specialty Family Law service Glenlee that welcomes you, understands you and also shows you empathy in challenging times. Figure out why you can be assured of our dedication to your legal demands.

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