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Divorce Lawyer Glenorchy VIC

Divorce Lawyer Glenorchy VIC

Accredited Family Law & Divorce Specialists In Glenorchy

We know family law. Our Family and Divorce Lawyers Glenorchy have actually represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, married 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 particular competence in divorce, child custody and property division.

We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Glenorchy has to offer, then look no further. When engaging one of our experts, you can feel confident you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glenorchy, the Family Law Act 1975 developed 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is usually filed 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 offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period 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 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 living under the exact same roof or if one has supplied the other with some household services. It might be hard to establish that separation has actually happened in these situations and appropriately the Court will need evidence in support 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 developed, you or your spouse needs to regard Australia as your home, mean to reside in Glenorchy forever or otherwise be able to provide proof that you resided in Australian for at least 12 months prior to the filing of the application.

In circumstances where a couple has actually been married for less than 2 years, the Court requires 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 appropriate arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.

Once a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has been made.

As soon as a Divorce has taken effect, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Glenorchy

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

Prior to the start of any Court procedures the parties are required to attend, participate and make a real effort in solving any parenting concerns at a household dispute 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 Authorization Orders. If no arrangement can be reached, further settlements can be organized with the assistance of solicitor, mediators and counsellors Glenorchy.

If no contract 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 actually tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court needs to concern the best interests of the kid as the paramount factor to consider.

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

guaranteeing that the kids have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the best interest of the child; and

safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and

ensuring that children get sufficient and appropriate parenting to assist them achieve their complete potential; and

making sure that parents fulfil their tasks, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.

There are other factors that the Court may take into consideration in any specific scenarios.

Why Choose Our Family Lawyers Glenorchy VIC

We are passionate about offering a specialized Family Law service Glenorchy that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal demands.

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