Call Us 1300 241 740

Family Mediation Merriang South VIC

Family Mediation Merriang SouthDivorce And Separation Lawyers In Merriang South

Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court has the ability to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This implies an individual can not make an application for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Merriang South to be separated but to continue living in the exact same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to prove to the Court that they were separated throughout this time.

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

Divorce procedures are carried out completely separately from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings before taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should apply for a divorce.

It is very important to be conscious that proceedings for property settlement and spousal maintenance need to 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 tough to get. Call us today if you’re looking for a Family Mediation Lawyer Merriang South.

Child Support

You do not need us to tell you exactly what child assistance is or to get a general idea 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.

However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with some of the lesser recognized areas and complexities, and help you to strategically prepare your child support plans and commitments for the future to guarantee the best possible arrangement remains in place given your and the other moms and dads situations.

Some areas that Our Family Law Merriang South can assist you with consist of:

Advising you regarding your options regarding child support which might consist of arranging a personal child support arrangement, in either a limited or binding child assistance agreement.

Private agreements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher versatility in the approach of payment (direct funding 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 Unpaid Child Assistance In Merriang South

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

Helping you to alter the Department evaluated child assistance amount to better match your specific situations.

Assessments are prepared by the Department based upon a standard formula, however can be altered under various circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also apply. The change of evaluation process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Merriang South Pre-nuptials And Financial Agreements

Financial arrangements (also 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 basically allows a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a significant sum of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Merriang South 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 financial agreement can permanently finalise 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 security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for kids.

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

  •  emotional and psychological abuse
  • economic abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another person and causes them to fear for their security or wellbeing.

Many individuals in Merriang South may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or web web browser history.

De Facto Relationships

In March 2009 a brand-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 identified in the Family Court along with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic domestic basis for at least 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Merriang South.

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

Business Results 1 - 10 of 0

About: admin2017