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Family Lawyer Glen Park VIC

Family Lawyer Glen Park VIC

Accredited Family Law & Divorce Specialists In Glen Park

We know family law. Our Family Solicitors Glen Park have actually represented numerous family law clients over the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives 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 achievable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are aiming to engage the services of a few of the best family lawyers Glen Park has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glen Park, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, 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 marital relationship submits the application, or a joint application where both parties file the application together.

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

The application can be opposed in situations 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 residing under the very same roof or if one has supplied the other with some household services. It may be difficult to establish that separation has actually happened in these situations and appropriately the Court will need 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, intend to live in Glen Park 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 actually been wed 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 consider that proper arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that household, and under the age of 18.

Once a Divorce has actually been approved the Divorce ends up being effective one month and one day after the Order has been made.

Once a Divorce has taken effect, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Glen Park

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

Prior to the beginning of any Court proceedings the parties are needed to go to, take part and make a genuine attempt in solving any parenting issues at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no contract can be reached, further negotiations can be organized with the help of solicitor, arbitrators and counsellors Glen Park.

If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court must concern the best interests of the kid as the critical consideration.

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

making sure that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the best interest of the kid; and

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

ensuring that kids get sufficient and correct parenting to assist them achieve their full potential; and

guaranteeing that parents satisfy their duties, and satisfy their responsibilities, concerning the care, well-being and development of their kids.

There are other factors that the Court might take into account in any particular circumstances.

Why Choose Our Family Lawyers Glen Park VIC

We are passionate regarding giving a specialized Family Law service Glen Park that welcomes you, understands you and shows you empathy in challenging times. Find out why you can be assured of our dedication to your legal demands.

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