Call Us 1300 241 740

Family Mediation Neerim East VIC

Family Mediation Neerim EastDivorce And Separation Lawyers In Neerim East

Australian Law operates on the principle of no-fault divorce. This means 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 marriage has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means a person can not apply for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Neerim East 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 procedures are carried out totally separately from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they should make an application for a divorce.

It is important to be mindful that procedures for property settlement and spousal maintenance need to 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 challenging to get. Call us today if you’re looking for a Family Mediation Lawyer Neerim East.

Child Support

You don’t need us to tell you exactly what child support is or to get a general concept of what your obligation (or entitlement) will be.

There is a quick children assistance estimator on the site 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 lower recognized areas and complexities, and help you to tactically plan your child support arrangements and obligations for the future to ensure the very best possible plan remains in place given your and the other parents situations.

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

Advising you as to your options concerning child support which may consist of setting up a private child support arrangement, in either a minimal or binding child assistance agreement.

Private arrangements 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 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 Unsettled Child Support In Neerim East

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

Helping you to alter the Department examined child support amount to much better match your specific situations.

Evaluations are prepared by the Department based upon a basic formula, but can be altered under different circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also apply. The modification of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Neerim East Pre-nuptials And Financial Agreements

Monetary arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless they can be beneficial:

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 personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a significant sum of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Neerim East 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 completely finalise spousal maintenance responsibilities.

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 protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now incorporates 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 security or wellbeing.

Many individuals in Neerim East might now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or internet 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 determined in the Family Court together with married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine domestic basis for a minimum of 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 Neerim East.

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 residential or commercial property and financial backing, in very much the same way as a couple.

Business Results 1 - 10 of 4

Mackinnon Jacobs Horton & Irving
2 Reviews
Phone:
89 Boronia Rd, Boronia Victoria 3155, Australia
Mackinnon Jacobs Horton & Irving
2 Reviews
Phone:
151 Boronia Rd, Boronia Victoria 3155, Australia
Ross Legal
1 Reviews
Phone:
1182 Burwood Hwy, Suite 5, Upper Ferntree Gully Victoria 3156, Australia
Mackinnon Jacobs Lawyers
1 Reviews
Phone:
151 Boronia Rd, Level 1, Boronia Victoria 3155, Australia

About: admin2017