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Family Lawyer Glenlogie VIC

Family Lawyer Glenlogie VIC

Accredited Family Law & Divorce Specialists In Glenlogie

We understand family law. Our Family Solicitors Glenlogie have actually 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 solicitors can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.

We are committed 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 procedure so that you obtain the best possible outcome. If you are seeking to engage the services of some of the best family lawyers Glenlogie has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marital relationship.

In Glenlogie, 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 infidelity, violence or desertion are unimportant. 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 files the application, or a joint application where both parties file the application together.

An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and indicates 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 living under the same roof or if one has provided the other with some family services. It might be challenging to establish that separation has actually taken place in these situations and accordingly the Court will require evidence in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to live in Glenlogie forever or otherwise be able to offer evidence 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 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 appropriate plans 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 home, and under the age of 18.

As soon as a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.

Once a Divorce has actually worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties accept the extension and the parties have the leave of the Court.

Parenting Orders Glenlogie

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 child’s life.

Prior to the commencement of any Court proceedings the parties are needed to go to, participate and make a real effort in resolving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.

If a contract is reached the terms of that contract can be formalised through an Application for Permission Orders. If no contract can be reached, further negotiations can be arranged with the assistance of lawyer, mediators and counsellors Glenlogie.

If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court must regard the best interests of the kid as the vital factor to consider.

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

making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree consistent with the best interest of the child; and

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

guaranteeing that kids receive adequate and appropriate parenting to assist them accomplish their full potential; and

guaranteeing that parents satisfy their duties, and satisfy their obligations, concerning the care, well-being and advancement of their children.

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

Why Choose Our Family Lawyers Glenlogie VIC

We are passionate regarding giving a specialized Family Law service Glenlogie that welcomes you, understands you as well as shows you empathy in difficult times. Discover why you can be guaranteed of our commitment to your legal demands.

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