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Family Mediation Navigators VIC

Family Mediation NavigatorsDivorce And Separation Lawyers In Navigators

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

It is possible for a couple in Navigators to be separated however to continue living in the very same home during the twelve months, which is referred to 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 throughout this time.

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

Divorce procedures are performed completely separately from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to doing something about it 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 apply for a divorce.

It is important to be mindful that proceedings for property settlement and spousal maintenance must be commenced 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 Navigators.

Child Support

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

There is a quick children support estimator on the website of the Department of Human Services Child Assistance (” 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 a few of the lower recognized areas and intricacies, and assist you to tactically plan your child support arrangements and responsibilities for the future to make sure the very best possible arrangement remains in place provided your and the other parents circumstances.

Some areas that Our Family Law Navigators can assist you with include:

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

Private agreements provide certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater 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 remove the need to deal with the administration of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Navigators

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

Assisting you to modify the Department examined child assistance amount to better suit your specific situations.

Assessments are prepared by the Department based on a standard formula, but can be changed under various circumstances (up or down) based on factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other situations also use. 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.

Navigators Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially as ‘pre-nups’) are not for everybody, 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 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 considerable amount of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Navigators looking for to finalise their obligations 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 finalise spousal maintenance obligations.

Family Violence

Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now includes a much broader 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 security or wellbeing.

Many individuals in Navigators may now be shocked 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, monitoring their e-mail 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 residential or commercial 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 cohabited on a real 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 thought about to be a legal entity for the purpose of family law Navigators.

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

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