Accredited Family Law & Divorce Specialists In Glengower
We know family law. Our Family Lawyers Glengower have actually represented numerous family law clients for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific knowledge in divorce, child custody and property division.
We are committed 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 acquire the very best possible outcome. If you are aiming to engage the services of a few of the best family legal representatives Glengower has to offer, then look no more. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Glengower, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 typically filed 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 submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and indicates more than physical separation where there is no possibility 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 residing under the same roof or if one has offered the other with some household services. It might be difficult to develop that separation has actually happened in these circumstances and accordingly 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in Glengower forever or otherwise have the ability to offer evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has actually been married for less than 2 years, the Court needs 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 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 actually or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is just a 12 month period in which 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 Glengower
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to participate in, participate and make a real attempt in fixing any parenting issues at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be arranged with the support of solicitor, conciliators and counsellors Glengower.
If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the kid as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the children have the advantage of both of their parents having a meaningful participation in their lives, to the optimum degree constant with the best interest of the child; and
safeguarding the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children receive sufficient and correct parenting to assist them attain their full potential; and
guaranteeing that parents fulfil their responsibilities, and satisfy their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may consider in any particular situations.
Why Choose Our Family Lawyers Glengower VIC
We are passionate about offering a specialty Family Law service Glengower that welcomes you, understands you and also shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal demands.