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Family Mediation Magpie VIC

Family Mediation MagpieDivorce And Separation Lawyers In Magpie

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 marital relationship. 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 implies a person can not request divorce until the parties have actually been separated for twelve months and one day.

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

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

Divorce proceedings are performed completely individually from other proceedings between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they must request a divorce.

It is very important to be aware that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to obtain. Call us today if you’re looking for a Family Mediation Lawyer Magpie.

Child Support

You do not need us to inform you exactly what child assistance is or to get a basic idea of what your commitment (or entitlement) will be.

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

However, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and help you to tactically prepare your child support arrangements and commitments for the future to make sure the best possible plan is in place given your and the other parents situations.

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

Advising you regarding your options relating to child assistance which may consist of organizing a personal child support agreement, in either a limited or binding child support agreement.

Private arrangements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Magpie

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

Assisting you to change the Department evaluated child assistance amount to better match your individual situations.

Assessments are prepared by the Department based on a basic formula, but can be modified under different situations (up or down) based upon factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other situations also apply. The modification of evaluation procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.

Magpie Pre-nuptials And Financial Agreements

Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, however they can be useful:

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 generally allows a personal arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a considerable sum of money, including 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 Magpie looking for to finalise their responsibilities 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 monetary agreement can completely settle spousal maintenance responsibilities.

Family Violence

Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, however 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 definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates 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 triggers them to fear for their security or wellbeing.

Lots of people in Magpie might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their e-mail account or 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 property settlement and spousal maintenance identified in the Family Court along with married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real 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 thought about to be a legal entity for the purpose of family law Magpie.

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

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Callea Pearce Lawyers
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8 Gell St, Bacchus Marsh Victoria 3340, Australia
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166a Ryrie St, Geelong Victoria 3220, Australia

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