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Family Mediation Mologa VIC

Family Mediation MologaDivorce And Separation Lawyers In Mologa

Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability 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 must has been separated for a minimum of twelve months and one day. This means an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Mologa to be separated but to continue living in the very 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 show to the Court that they were separated during 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 arrangements have been made for them.

Divorce procedures are conducted completely individually from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must apply for a divorce.

It is important to be conscious that procedures 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 difficult to get. Call us now if you’re looking for a Family Mediation Lawyer Mologa.

Child Support

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

There is a quick children support 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 support can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and help you to tactically plan your child support plans and obligations for the future to ensure the very best possible plan remains in place provided your and the other parents circumstances.

Some areas that Our Family Law Mologa can help you with include:

Advising you regarding your alternatives regarding child assistance which may include organizing a private child support arrangement, in either a minimal or binding child assistance agreement.

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

Assisting In Steps To Recover Unpaid Child Assistance In Mologa

We can help in converting the unsettled 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 steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.

Assisting you to modify the Department examined child assistance amount to better match your specific circumstances.

Assessments are prepared by the Department based upon 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 planned (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also apply. The modification of evaluation procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Mologa Pre-nuptials And Financial Agreements

Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 basically allows a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a significant sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Mologa seeking 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 completely finalise spousal maintenance obligations.

Family Violence

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

The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now encompasses 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 safety or wellbeing.

Lots of people in Mologa 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 email account or 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 property settlement and spousal maintenance identified in the Family Court alongside couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine 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 Mologa.

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 change of property and financial backing, in very much the same way as a married couple.

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