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Family Lawyer Glen Alvie VIC

Family Lawyer Glen Alvie VIC

Accredited Family Law & Separation Specialists In Glen Alvie

We know family law. Our Family Solicitors Glen Alvie have represented numerous family law clients over the years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable 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 committed 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 best possible outcome. If you are seeking to engage the services of a few of the best family solicitors Glen Alvie has to offer, then look no more. When engaging among our specialists, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glen Alvie, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 offered 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 scenarios where the Court does not have jurisdiction to deal with 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 supplied the other with some household services. It might be tough to develop that separation has actually occurred in these situations and accordingly the Court will need 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 need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Glen Alvie indefinitely or otherwise be able to offer proof that you lived in Australian for at least 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 plans have 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.

As soon as a Divorce has been approved the Divorce ends up being reliable one month and one day after the Order has been made.

As soon as a Divorce has taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period may be given in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Glen Alvie

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 beginning of any Court procedures the parties are required to participate in, participate and make a genuine effort in dealing with any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be arranged with the help of lawyer, conciliators and counsellors Glen Alvie.

If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.

In parenting matters, a Court must relate to the best interests of the kid as the vital consideration.

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

ensuring that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum level consistent with the very best interest of the kid; and

securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, neglect or family violence; and

making sure that kids receive adequate and appropriate parenting to assist them attain their complete potential; and

ensuring that moms and dads fulfil their responsibilities, and satisfy their responsibilities, concerning the care, welfare and development of their children.

There are other aspects that the Court may take into account in any specific situations.

Why Choose Our Family Lawyers Glen Alvie VIC

We are passionate about providing a specialized Family Law service Glen Alvie that welcomes you, understands you and also shows you empathy in difficult times. Discover why you can be guaranteed of our dedication to your legal needs.

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