Call Us 1300 241 740

Divorce Lawyer Gelliondale VIC

Divorce Lawyer Gelliondale VIC

Accredited Family Law & Divorce Specialists In Gelliondale

We understand family law. Our Family and Divorce Solicitors Gelliondale have represented hundreds of family law customers for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all elements of family law, having specific proficiency in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are wanting to engage the services of some of the best family legal representatives Gelliondale has to offer, then look no more. When engaging among our professionals, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Gelliondale, 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 accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is usually filed 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 available after a 12 month period of separation. This 12 month separation period is to be a continuous period and suggests more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in situations 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 same roof or if one has actually offered the other with some household services. It might be challenging to establish that separation has occurred in these circumstances and accordingly the Court will need proof in support 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 established, you or your spouse needs to regard Australia as your home, mean to live in Gelliondale forever or otherwise have the ability to offer proof that you lived in Australian for a minimum of 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 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 correct plans 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 family, and under the age of 18.

Once a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.

Once a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Gelliondale

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

Prior to the commencement of any Court procedures the parties are required to go to, participate and make a genuine effort in solving any parenting concerns at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be arranged with the support of solicitor, conciliators and counsellors Gelliondale.

If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court needs to concern the best interests of the child as the critical factor to consider.

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

making sure that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the optimum extent consistent with the very best interest of the kid; and

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

ensuring that children get appropriate and proper parenting to help them accomplish their complete potential; and

making sure that moms and dads fulfil their duties, and fulfill their responsibilities, concerning the care, welfare and development of their children.

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

Why Choose Our Family Lawyers Gelliondale VIC

We are passionate regarding giving a specialty Family Law service Gelliondale that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be assured of our dedication to your legal demands.

Business Results 1 - 5 of 0

 
 

About: admin2018


Call Now ButtonCall Now