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Divorce Lawyer Glen Waverley VIC

Divorce Lawyer Glen Waverley VIC

Accredited Family Law & Separation Specialists In Glen Waverley

We understand family law. Our Family and Divorce Solicitors Glen Waverley have represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, married 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 competence in divorce, child custody and home division.

We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible result. If you are aiming to engage the services of some of the very best family solicitors Glen Waverley has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glen Waverley, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is normally filed 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 file 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 duration and means more than physical separation where there is no possibility 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 living under the exact same roof or if one has actually offered the other with some household services. It might be hard to develop that separation has happened in these situations and appropriately 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 spouse will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Glen Waverley indefinitely or otherwise have the ability to provide evidence that you resided 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 have to consider that proper arrangements have actually 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 home, and under the age of 18.

As soon as a Divorce has actually been given the Divorce becomes reliable one month and one day after the Order has actually been made.

Once a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Glen Waverley

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

Prior to the commencement of any Court procedures the parties are needed to participate in, participate and make a real attempt in dealing with any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further settlements can be arranged with the assistance of lawyer, arbitrators and counsellors Glen Waverley.

If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.

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

According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:

ensuring that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum level constant with the very best interest of the kid; and

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

making sure that children receive appropriate and correct parenting to assist them achieve their full potential; and

guaranteeing that moms and dads 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 consider in any particular circumstances.

Why Choose Our Family Lawyers Glen Waverley VIC

We are passionate about offering a specialized Family Law service Glen Waverley that welcomes you, understands you as well as shows you empathy in hard times. Discover why you can be assured of our commitment to your legal requirements.

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