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Family Lawyer Glenlofty VIC

Family Lawyer Glenlofty VIC

Accredited Family Law & Divorce Specialists In Glenlofty

We understand family law. Our Family Solicitors Glenlofty have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are planning to engage the services of a few of the best family legal representatives Glenlofty has to offer, then look no further. When engaging among our experts, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glenlofty, the Family Law Act 1975 developed 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 accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage 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 marriage files 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 period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no likelihood 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 offered the other with some household services. It might be difficult to establish that separation has happened in these circumstances and accordingly the Court will need 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 have to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to live in Glenlofty indefinitely or otherwise be able to offer evidence 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 requires 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 consider that appropriate plans have 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 actually been granted the Divorce becomes efficient one month and one day after the Order has been made.

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

Parenting Orders Glenlofty

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 commencement of any Court proceedings the parties are required to attend, take part and make a real effort in solving any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be arranged with the help of lawyer, conciliators and counsellors Glenlofty.

If no contract can be reached beyond the court system, an individual 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 acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court needs to relate to the best interests of the kid as the paramount factor to consider.

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 optimum degree constant with the very best interest of the kid; and

securing the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and

guaranteeing that kids get appropriate and appropriate parenting to assist them achieve their complete potential; and

ensuring that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.

There are other aspects that the Court may take into consideration in any particular scenarios.

Why Choose Our Family Lawyers Glenlofty VIC

We are passionate about giving a specialty Family Law service Glenlofty that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal needs.

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