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Family Mediation Notting Hill VIC

Family Mediation Notting HillDivorce And Separation Lawyers In Notting Hill

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 approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests an individual can not apply for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Notting Hill to be separated but to continue residing in the very 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 need to show to the Court that they were separated throughout this time.

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

Divorce procedures are performed entirely separately from other proceedings between the husband and wife and there is no responsibility on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they must make an application for a divorce.

It is necessary to be mindful that proceedings for property settlement and spousal maintenance need to 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 tough to get. Call us now if you’re looking for a Family Mediation Lawyer Notting Hill.

Child Support

You do not need 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 quick children support 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 some of the lesser recognized areas and complexities, and help you to strategically plan your child support arrangements and obligations for the future to guarantee the best possible arrangement remains in place offered your and the other moms and dads situations.

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

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

Personal agreements offer certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility 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 handle the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Notting Hill

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

Helping you to change the Department assessed child support amount to much better suit your specific situations.

Evaluations are prepared by the Department based upon a standard formula, but can be modified under various circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Notting Hill Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, 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 essentially permits a private agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a substantial sum of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Notting Hill 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 monetary agreement can completely finalise spousal maintenance obligations.

Family Violence

Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, but 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 definition of domestic violence (physical and sexual assault) was widened in late 2012 and now includes a much larger 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 causes them to fear for their safety or wellbeing.

Many individuals in Notting Hill may now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or 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 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 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 unit) are considered to be a legal entity for the purpose of family law Notting Hill.

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

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