Accredited Family Law & Separation Specialists In Glenloth East
We know family law. Our Family and Divorce Lawyers Glenloth East have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the best possible outcome. If you are wanting to engage the services of some of the best family legal representatives Glenloth East has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Glenloth East, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation period is to be a constant duration and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in situations 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 supplied the other with some household services. It may be tough to develop that separation has actually taken place in these circumstances and accordingly the Court will require evidence 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 citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Glenloth East indefinitely or otherwise have the ability to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been married 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 correct arrangements 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 dealt with as a member of that household, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has worked, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this duration might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Glenloth East
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court procedures the parties are required to go to, get involved and make a real effort in fixing any parenting problems at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be set up with the help of lawyer, arbitrators and counsellors Glenloth East.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the benefit of both of their parents having a significant participation in their lives, to the maximum level constant with the very best interest of the kid; and
protecting the children from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children receive adequate and proper parenting to help them achieve their full potential; and
making sure that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may take into account in any specific situations.
Why Choose Our Family Lawyers Glenloth East VIC
We are passionate about giving a specialty Family Law service Glenloth East that welcomes you, understands you and also shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal demands.