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Divorce Lawyer Glengarry VIC

Divorce Lawyer Glengarry VIC

Accredited Family Law & Divorce Specialists In Glengarry

We understand family law. Our Family and Divorce Solicitors Glengarry have actually represented hundreds of family law clients over the years and act for mums, fathers, grandmas, grandpas, 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 home division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not achievable, 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 legal representatives Glengarry has to offer, then look no more. When engaging one of our specialists, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glengarry, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage 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 duration of separation. This 12 month separation duration is to be a continuous duration and suggests more than physical separation where there is no possibility of reconciliation.

The application can be opposed in circumstances 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 exact same roof or if one has actually supplied the other with some household services. It might be challenging to establish that separation has actually taken place in these scenarios and appropriately 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 spouse will need to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to live in Glengarry forever or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually been wed for less than 2 years, the Court requires 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 appropriate 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 treated as a member of that home, and under the age of 18.

Once a Divorce has been approved the Divorce becomes effective one month and one day after the Order has been made.

When a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in scenarios where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Glengarry

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

Prior to the beginning of any Court proceedings the parties are needed to participate in, get involved and make a genuine attempt in fixing any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be organized with the assistance of lawyer, mediators and counsellors Glengarry.

If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

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

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

guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum degree consistent with the best interest of the kid; and

protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and

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

guaranteeing that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, welfare and advancement of their kids.

There are other factors that the Court might take into account in any specific situations.

Why Choose Our Family Lawyers Glengarry VIC

We are passionate about offering a specialized Family Law service Glengarry that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal demands.

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