Accredited Family Law & Divorce Specialists In Glengala
We understand family law. Our Family and Divorce Solicitors Glengala have actually represented numerous family law customers for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the best possible result. If you are wanting to engage the services of a few of the best family lawyers Glengala has to offer, then look no further. When engaging among our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Glengala, 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 allegations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a constant duration and implies 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 actually 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 household services. It might be hard to establish that separation has actually taken place in these situations and appropriately the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in Glengala forever or otherwise have the ability to offer evidence that you lived 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 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 have to consider that proper arrangements have actually been produced 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 home, and under the age of 18.
When a Divorce has been granted the Divorce ends up being effective one month and one day after the Order has actually 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 upkeep. An extension to this duration may be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Glengala
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are required to participate in, take part and make an authentic effort in resolving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be arranged with the support of lawyer, arbitrators and counsellors Glengala.
If no agreement can be reached outside of 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 invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the critical factor to consider.
According to section 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 moms and dads having a meaningful participation in their lives, to the maximum level constant with the best interest of the kid; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and proper parenting to help them accomplish their full potential; and
making sure that parents fulfil their tasks, and fulfill their duties, concerning the care, welfare and development of their children.
There are other elements that the Court might take into consideration in any specific situations.
Why Choose Our Family Lawyers Glengala VIC
We are passionate regarding providing a specialized Family Law service Glengala that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal demands.