Accredited Family Law & Divorce Specialists In Glen Iris
We understand family law. Our Family and Divorce Solicitors Glen Iris have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, 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 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 skillfully throughout the Court procedure so that you acquire the best possible result. If you are looking to engage the services of a few of the very best family solicitors Glen Iris has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Glen Iris, the Family Law Act 1975 established 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 unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship 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 duration of separation. This 12 month separation duration is to be a continuous period and means 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 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 residing under the exact same roof or if one has actually supplied the other with some home services. It might be challenging to establish that separation has happened in these circumstances and accordingly 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 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 reside in Glen Iris forever or otherwise be able to provide proof 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 have 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.
As soon as a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is just a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this period may be given in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Glen Iris
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 procedures the parties are needed to participate in, participate and make an authentic attempt in solving any parenting problems at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be set up with the support of solicitor, conciliators and counsellors Glen Iris.
If no contract 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 actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the optimum degree consistent with the very best interest of the child; and
securing the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive appropriate and proper parenting to help them achieve their full potential; and
guaranteeing that parents fulfil their tasks, and satisfy their obligations, concerning the care, welfare and development of their kids.
There are other factors that the Court might take into consideration in any specific scenarios.
Why Choose Our Family Lawyers Glen Iris VIC
We are passionate about offering a specialized Family Law service Glen Iris that welcomes you, understands you as well as shows you empathy in difficult times. Find out why you can be assured of our dedication to your legal demands.