Call Us 1300 241 740

Family Mediation Merrimu VIC

Family Mediation MerrimuDivorce And Separation Lawyers In Merrimu

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

It is possible for a couple in Merrimu to be separated but to continue residing in the exact same home throughout the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they have to show to the Court that they were separated during 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 carried out totally separately from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they need to apply for a divorce.

It is essential to be conscious that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to acquire. Call us today if you’re looking for a Family Mediation Lawyer Merrimu.

Child Support

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

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

Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to guarantee the best possible plan remains in place offered your and the other parents scenarios.

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

Advising you regarding your choices regarding child support which might consist of setting up a private child support arrangement, in either a limited or binding child assistance arrangement.

Personal agreements offer certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable higher versatility 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 Support In Merrimu

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

Helping you to change the Department assessed child support amount to much better match your individual situations.

Evaluations are prepared by the Department based upon a basic formula, but can be changed under various situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also apply. The modification of assessment process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Merrimu Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially as ‘pre-nups’) are not for everybody, 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 essentially enables a private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a significant amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Merrimu seeking to finalise their responsibilities to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a monetary agreement can permanently settle spousal maintenance commitments.

Family Violence

Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only 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 identifying future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much larger 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 safety or wellbeing.

Lots of people in Merrimu might now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out 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 identified in the Family Court alongside married couples.

Despite 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 kid, 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 Merrimu.

De facto spouses should not fear that they must 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 married couple.

Business Results 1 - 10 of 24

Callea Pearce Lawyers
1 Reviews
Phone:
8 Gell St, Bacchus Marsh Victoria 3340, Australia
Ascot Solicitors
1 Reviews
Phone:
827B Ballarat Rd, Deer Park Victoria 3023, Australia
Pentana Stanton Lawyers
1 Reviews
Phone:
Level 9, 124 Exhibition St, Melbourne Victoria 3000, Australia
Poloni & Galgano
1 Reviews
Phone:
358 Sydney Rd, Coburg Victoria 3058, Australia
ELLINGHAUS WEILL LAWYERS & CONSULTANTS
1 Reviews
Phone:
79 - 81 Franklin Street, Melbourne VIC 3000, Melbourne Victoria 3000, Australia
Low Cost Conveyancing Services
1 Reviews
Phone:
263 Heaths Rd, #2, Werribee Victoria 3030, Australia
Mark Shenken
2 Reviews
Phone:
285 Carlisle St, Suite 14, Balaclava Victoria 3183, Australia
Earl & Associates
1 Reviews
Phone:
83 William St, Level 2, Melbourne Victoria 3000, Australia
Mackinnon Jacobs Horton & Irving
2 Reviews
Phone:
89 Boronia Rd, Boronia Victoria 3155, Australia
Provey Conveyancing
1 Reviews
Phone:
459 Collins St, #11, Melbourne Victoria 3000, Australia

Business Results 1 - 10 of 20










Nicholes Family Lawyers

About: admin2017