Accredited Family Law & Separation Specialists In Glen Wills
We know family law. Our Family Solicitors Glen Wills have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular know-how in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the best possible outcome. If you are aiming to engage the services of some of the best family lawyers Glen Wills has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Glen Wills, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 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 marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation duration is to be a constant duration and suggests more than physical separation where there is no possibility 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 living under the exact same roof or if one has actually supplied the other with some home services. It may be hard to develop that separation has occurred in these scenarios and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a duration 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 partner needs to regard Australia as your home, mean to live in Glen Wills indefinitely or otherwise be able to offer 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 requires 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 think about that proper plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.
When a Divorce has actually been approved the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Glen Wills
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to participate in, participate and make a genuine effort in fixing any parenting issues at a household dispute resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no agreement can be reached, even more negotiations can be arranged with the support of lawyer, conciliators and counsellors Glen Wills.
If no agreement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the very best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their parents having a significant participation in their lives, to the maximum degree consistent with the best interest of the kid; and
securing the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive appropriate and correct parenting to help them achieve their complete potential; and
making sure that moms and dads satisfy their tasks, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into consideration in any specific situations.
Why Choose Our Family Lawyers Glen Wills VIC
We are passionate regarding giving a specialized Family Law service Glen Wills that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be assured of our commitment to your legal needs.