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Family Mediation Mount Waverley VIC

Family Mediation Mount WaverleyDivorce And Separation Lawyers In Mount Waverley

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to give 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 at least twelve months and one day. This means an individual can not make an application for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Mount Waverley to be separated however to continue living in the same house throughout the twelve months, which is known as ‘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 during this time.

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

Divorce procedures are performed completely individually from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they must apply for a divorce.

It is important to be aware that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to acquire. Call us today if you’re looking for a Family Mediation Lawyer Mount Waverley.

Child Support

You do not require us to tell you exactly what child support is or to get a basic concept of what your obligation (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.

Nevertheless, the child support system and the formula used to calculate child support 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 strategically prepare your child support arrangements and obligations for the future to ensure the best possible plan is in place provided your and the other moms and dads scenarios.

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

Advising you as to your options regarding child assistance which might consist of organizing a personal child assistance arrangement, in either a minimal or binding child support agreement.

Private arrangements provide certainty for both moms and dads for a longer period of time (no continuous 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 expenses in part or in lieu), and get rid of the need to handle the administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Mount Waverley

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

Assisting you to modify the Department evaluated child support amount to much better match your individual circumstances.

Evaluations are prepared by the Department based upon a basic formula, however can be modified under different circumstances (up or down) based on aspects such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other circumstances also use. The modification of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Mount Waverley Pre-nuptials And Financial Agreements

Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, however 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 involvement of the Family Court. For that reason having such an arrangement can save a substantial sum of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Mount Waverley looking for to settle 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 obligations.

Family Violence

Family violence (likewise referred to 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 identifying future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was expanded 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 individual and causes them to fear for their security or wellbeing.

Many individuals in Mount Waverley might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or internet 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 alongside married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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) are considered to be a legal entity for the purpose of family law Mount Waverley.

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

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