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Divorce Lawyer Gladstone Park VIC

Divorce Lawyer Gladstone Park VIC

Accredited Family Law & Separation Specialists In Gladstone Park

We understand family law. Our Family and Divorce Solicitors Gladstone Park have represented numerous family law customers over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular know-how in divorce, child custody and residential or commercial property division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, 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 solicitors Gladstone Park has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Gladstone Park, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. 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 period is to be a continuous period 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 deal with 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 very same roof or if one has actually supplied the other with some home services. It might be challenging to establish that separation has occurred in these scenarios and accordingly the Court will require 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Gladstone Park indefinitely or otherwise be able 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 married for less than 2 years, the Court needs 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 think about that proper arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually 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 been given the Divorce becomes reliable one month and one day after the Order has actually been made.

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

Parenting Orders Gladstone Park

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 child’s life.

Prior to the start of any Court procedures the parties are needed to participate in, get involved and make a real effort in dealing with any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be arranged with the help of solicitor, arbitrators and counsellors Gladstone Park.

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

In parenting matters, a Court should regard the very best interests of the child as the critical factor to consider.

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

guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the child; and

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

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

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

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

Why Choose Our Family Lawyers Gladstone Park VIC

We are passionate regarding giving a specialized Family Law service Gladstone Park that welcomes you, understands you and shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal demands.

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