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Family Mediation Mount Cameron VIC

Family Mediation Mount CameronDivorce And Separation Lawyers In Mount Cameron

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

It is possible for a couple in Mount Cameron to be separated but to continue living in the very 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 prove to the Court that they were separated during this time.

If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct plans have been made for them.

Divorce procedures are conducted totally individually from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to make an application for a divorce.

It is very important to be conscious that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to obtain. Call us now if you’re looking for a Family Mediation Lawyer Mount Cameron.

Child Support

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

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

However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and help you to strategically prepare your child support plans and commitments for the future to guarantee the very best possible arrangement is in place provided your and the other parents situations.

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

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

Private arrangements provide certainty for both parents for a longer amount of time (no continuous 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 expenses in part or in lieu), and eliminate the need to deal with the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Support In Mount Cameron

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

Assisting you to change the Department assessed child assistance amount to better suit your specific situations.

Evaluations are prepared by the Department based upon a basic formula, however can be modified under various circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, and so on. Other circumstances also use. The change of assessment procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.

Mount Cameron Pre-nuptials And Financial Agreements

Financial arrangements (also 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 generally enables a personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a significant sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.

For separated couples in Mount Cameron seeking to finalise their commitments 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 completely settle spousal maintenance responsibilities.

Family Violence

Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer 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 widened in late 2012 and now incorporates a much broader 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 triggers them to fear for their security or wellbeing.

Lots of people in Mount Cameron may now be surprised to find 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 property settlement and spousal maintenance determined in the Family Court together with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 unit) are considered to be a legal entity for the purpose of family law Mount Cameron.

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

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Callea Pearce Lawyers
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8 Gell St, Bacchus Marsh Victoria 3340, Australia

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