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Family Lawyer Glenlyon VIC

Family Lawyer Glenlyon VIC

Accredited Family Law & Separation Specialists In Glenlyon

We understand family law. Our Family Solicitors Glenlyon have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married 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 particular competence in divorce, child custody and property division.

We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the very best possible outcome. If you are wanting to engage the services of some of the very best family solicitors Glenlyon has to offer, then look no more. When engaging one of our experts, you can feel confident you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glenlyon, 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 allegations 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 filed 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 submit the application together.

An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation duration 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 circumstances 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 same roof or if one has offered the other with some home services. It may be tough to establish that separation has actually occurred in these situations and appropriately the Court will require evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, plan to reside in Glenlyon forever or otherwise have the ability to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In circumstances where a couple has actually been married 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 need to consider that correct plans have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.

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

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

Parenting Orders Glenlyon

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

Prior to the commencement of any Court proceedings the parties are required to go to, get involved and make an authentic attempt in dealing with any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.

If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be set up with the help of lawyer, mediators and counsellors Glenlyon.

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 require verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.

In parenting matters, a Court needs to relate to the best interests of the child as the vital consideration.

Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:

ensuring that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the maximum level consistent with the very best interest of the kid; and

securing the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and

guaranteeing that children get appropriate and appropriate parenting to assist them attain their complete potential; and

guaranteeing that parents satisfy their duties, and meet their duties, concerning the care, welfare and development of their kids.

There are other factors that the Court might consider in any specific scenarios.

Why Choose Our Family Lawyers Glenlyon VIC

We are passionate about giving a specialized Family Law service Glenlyon that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our dedication to your legal needs.

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