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Family Lawyer Glen Iris VIC

Family Lawyer Glen Iris VIC

Accredited Family Law & Divorce Specialists In Glen Iris

We know family law. Our Family Lawyers Glen Iris have represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home division.

We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are looking to engage the services of a few of the very best family solicitors Glen Iris has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glen Iris, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies 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 marriage has broken down irretrievably.

Any application for Divorce is usually submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month duration 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 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 supplied the other with some household services. It might be difficult to establish that separation has happened in these scenarios and accordingly 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 has to regard Australia as your home, intend to reside in Glen Iris forever or otherwise be able to supply proof 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 wed 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 need to consider that proper arrangements have been produced 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 household, and under the age of 18.

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

When a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in circumstances where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Glen Iris

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 kid’s life.

Prior to the commencement of any Court proceedings the parties are required to go to, take part and make a genuine attempt in solving any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, conciliators and counsellors Glen Iris.

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

In parenting matters, a Court should concern the very best interests of the child as the paramount consideration.

Inning accordance with section 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 moms and dads having a meaningful participation in their lives, to the maximum degree constant with the best interest of the child; and

safeguarding the children from physical and psychological harm and from undergoing, or exposed to, abuse, overlook or family violence; and

making sure that kids get sufficient and appropriate parenting to help them attain their complete potential; and

guaranteeing that moms and dads fulfil their responsibilities, and meet their duties, concerning the care, well-being and development of their children.

There are other aspects that the Court may take into consideration in any particular scenarios.

Why Choose Our Family Lawyers Glen Iris VIC

We are passionate about giving a specialty Family Law service Glen Iris that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be guaranteed of our commitment to your legal demands.

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