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Divorce Lawyer Glenlyon VIC

Divorce Lawyer Glenlyon VIC

Accredited Family Law & Separation Specialists In Glenlyon

We understand family law. Our Family and Divorce Solicitors Glenlyon have represented hundreds of family law customers over the years and act for mums, dads, grandmothers, grandfathers, 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 specific proficiency in divorce, child custody and residential or commercial property division.

We are devoted to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are looking to engage the services of a few of the best family lawyers Glenlyon has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Glenlyon, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates 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 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 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 constant period and suggests more than physical separation where there is no probability 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 not been separated for more than 12 months.

An application can still be made while the parties are residing under the very 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 need proof in support of the application.

In addition to the requirements of a period 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 partner needs to regard Australia as your home, plan to reside in Glenlyon forever or otherwise be able to supply evidence 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 attend 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 proper 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 dealt with as a member of that home, and under the age of 18.

When a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.

Once a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Glenlyon

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 go to, get involved and make a real effort in fixing any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an agreement is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be set up with the assistance of lawyer, arbitrators and counsellors Glenlyon.

If no contract can be reached outside of the court system, an individual might 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 obtaining this Certificate prior to the start of Court proceedings.

In parenting matters, a Court should regard the best interests of the child as the paramount factor to consider.

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

guaranteeing that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the very best interest of the child; and

securing the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and

guaranteeing that children get appropriate and proper parenting to help them achieve their full potential; and

ensuring that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, well-being and development of their children.

There are other aspects that the Court might take into consideration in any particular circumstances.

Why Choose Our Family Lawyers Glenlyon VIC

We are passionate regarding offering a specialized Family Law service Glenlyon that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal needs.

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