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Custody Lawyers Tom Groggin VIC

Custody Lawyers Tom Groggin Divorce And Separation Lawyers In Tom Groggin

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates an individual can not request divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Tom Groggin to be separated however to continue residing in the same house throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated throughout this time.

If there are children aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate plans have actually been made for them.

Divorce proceedings are performed entirely separately from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they must make an application for a divorce.

It is very important to be conscious that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to obtain.

Child Support

You do not require us to tell you exactly what child support is or to get a general concept of what your obligation (or entitlement) will be.

There is a quick children assistance estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.

Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and assist you to tactically prepare your child support arrangements and commitments for the future to make sure the very best possible plan remains in place given your and the other moms and dads circumstances. Call us 1300 241 740 today if you need a custody lawyer Tom Groggin.

Some areas that Our Family Law Tom Groggin can help you with consist of:

Advising you as to your options relating to child support which may include organizing a private child assistance arrangement, in either a restricted or binding child assistance arrangement.

Private agreements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the administration of the Department.

Assisting In Steps To Recover Unsettled Child Support In Tom Groggin

We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.

Assisting you to change the Department examined child support amount to better match your individual circumstances.

Evaluations are prepared by the Department based on a standard formula, but can be modified under various situations (up or down) based upon aspects such as the cost of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also use. The modification of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Tom Groggin Pre-nuptials And Financial Agreements

Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, however they can be helpful:

As a risk management tool for couples seeking to pre-arrange how they will divide their property if they separate at a later time, it essentially permits a personal agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a considerable sum of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Tom Groggin looking for to finalise their commitments to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can permanently settle spousal maintenance obligations.

Family Violence

Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes a much broader scope of behaviours such as:

  •  emotional and psychological abuse
  • financial abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.

Lots of people in Tom Groggin may now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or web web browser history.

De Facto Relationships

In March 2009 a new day dawned for de facto relationships, provided the couple separated after 1 March 2009, they were entitled to have their claim for a residential or commercial property settlement and spousal maintenance determined in the Family Court along with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic domestic basis for a minimum of 2 years (or less if they have a child, registered their relationship under the law of the State or one made a significant contribution to the property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Tom Groggin.

De facto spouses should not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.

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