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Family Lawyer Glen Valley VIC

Family Lawyer Glen Valley VIC

Accredited Family Law & Separation Specialists In Glen Valley

We know family law. Our Family Lawyers Glen Valley have represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and home division.

We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the best possible outcome. If you are looking to engage the services of a few of the best family solicitors Glen Valley has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glen Valley, 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 accusations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship 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 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 period is to be a constant duration and means more than physical separation where there is no probability of reconciliation.

The application can be opposed in circumstances 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 same roof or if one has provided the other with some home services. It may be challenging to establish that separation has occurred in these circumstances and accordingly the Court will require 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 person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to reside in Glen Valley forever or otherwise have the ability to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.

In instances 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 have to think about that proper arrangements have 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 dealt with as a member of that family, and under the age of 18.

Once a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.

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

Parenting Orders Glen Valley

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

Prior to the commencement of any Court procedures the parties are required to go to, participate and make a genuine attempt in fixing any parenting problems 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 agreement can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be organized with the assistance of solicitor, conciliators and counsellors Glen Valley.

If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.

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

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

guaranteeing that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum degree constant with the best interest of the kid; and

protecting the kids from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and

guaranteeing that kids get sufficient and correct parenting to help them accomplish their full potential; and

making sure that moms and dads fulfil their duties, and fulfill their duties, concerning the care, welfare and advancement of their kids.

There are other elements that the Court might take into account in any specific scenarios.

Why Choose Our Family Lawyers Glen Valley VIC

We are passionate regarding offering a specialty Family Law service Glen Valley that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal requirements.

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