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Family Lawyer Glenrowan VIC

Family Lawyer Glenrowan VIC

Accredited Family Law & Divorce Specialists In Glenrowan

We understand family law. Our Family Solicitors Glenrowan have represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency 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 attainable, then we will represent you skillfully throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of a few of the very best family legal representatives Glenrowan has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Glenrowan, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually 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 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 period of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no likelihood 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 living under the same roof or if one has actually supplied the other with some family services. It might be tough to establish that separation has actually taken place in these scenarios and appropriately the Court will need proof in support of the application.

In addition to the requirements of a duration 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 partner has to regard Australia as your home, mean to reside in Glenrowan indefinitely or otherwise be able to offer evidence that you resided in Australian for at least 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 consider that proper plans have actually 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 family, and under the age of 18.

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

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

Parenting Orders Glenrowan

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

Prior to the start of any Court proceedings the parties are needed to attend, take part and make an authentic effort in resolving any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If a contract is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, further settlements can be set up with the help of lawyer, conciliators and counsellors Glenrowan.

If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.

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

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

guaranteeing that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the maximum degree constant with the very best interest of the kid; and

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

ensuring that kids receive appropriate and proper parenting to help them accomplish their full potential; and

ensuring that moms and dads fulfil their tasks, and fulfill their obligations, concerning the care, welfare and development of their kids.

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

Why Choose Our Family Lawyers Glenrowan VIC

We are passionate regarding offering a specialized Family Law service Glenrowan that welcomes you, understands you as well as shows you empathy in tough times. Find out why you can be guaranteed of our commitment to your legal requirements.

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