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Family Lawyer Glen Creek VIC

Family Lawyer Glen Creek VIC

Accredited Family Law & Divorce Specialists In Glen Creek

We know family law. Our Family Solicitors Glen Creek have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.

We are dedicated to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are seeking to engage the services of some of the very best family solicitors Glen Creek has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Glen Creek, the Family Law Act 1975 established 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 infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is typically 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 submit the application together.

An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and means more than physical separation where there is no likelihood of reconciliation.

The application can be opposed in scenarios 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 supplied the other with some family services. It may be challenging to establish that separation has actually occurred in these situations and appropriately the Court will require 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 spouse needs to regard Australia as your home, mean to reside in Glen Creek forever or otherwise have the ability to offer proof that you resided in Australian for at least 12 months prior to the filing of the application.

In instances where a couple has 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 consider that correct 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 dealt with as a member of that home, and under the age of 18.

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

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

Parenting Orders Glen Creek

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

Prior to the start of any Court procedures the parties are needed to participate in, get involved and make an authentic effort in fixing any parenting issues 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 contract can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be organized with the support of lawyer, arbitrators and counsellors Glen Creek.

If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.

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

Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:

ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent consistent with the very best interest of the child; and

securing the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and

making sure that children receive appropriate and appropriate parenting to assist them achieve their complete potential; and

making sure that moms and dads satisfy their responsibilities, and fulfill their duties, concerning the care, well-being and advancement of their children.

There are other factors that the Court might consider in any specific circumstances.

Why Choose Our Family Lawyers Glen Creek VIC

We are passionate about providing a specialty Family Law service Glen Creek that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be assured of our commitment to your legal requirements.

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