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Family Mediation Ocean Grove VIC

Family Mediation Ocean GroveDivorce And Separation Lawyers In Ocean Grove

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

It is possible for a couple in Ocean Grove to be separated however 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 need to prove to the Court that they were separated throughout this time.

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

Divorce proceedings are conducted totally individually from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they must request a divorce.

It is essential to be conscious that proceedings for property settlement and spousal maintenance must 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 difficult to obtain. Call us now if you’re looking for a Family Mediation Lawyer Ocean Grove.

Child Support

You don’t need us to inform you exactly what child support is or to get a general concept of what your commitment (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 help you with some of the lower known areas and complexities, and assist you to tactically prepare your child support plans and commitments for the future to make sure the best possible arrangement remains in place provided your and the other parents circumstances.

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

Advising you regarding your options relating to child assistance which might consist of setting up a personal child support arrangement, in either a restricted or binding child assistance arrangement.

Private agreements supply certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility in the approach 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 bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Support In Ocean Grove

We can help in converting the unsettled amount from a Commonwealth debt to a personal 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 global airport gate terminal.

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

Assessments are prepared by the Department based on a basic formula, but can be modified under various circumstances (up or down) based on factors such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, etc. Other scenarios also apply. The modification of assessment process can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Ocean Grove Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially as ‘pre-nups’) are not for everybody, 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 generally permits a personal arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a significant sum of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Ocean Grove 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 financial agreement can permanently finalise 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 provide security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates 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 person and causes them to fear for their security or wellbeing.

Many individuals in Ocean Grove might now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring 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 identified in the Family Court alongside couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 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 Ocean Grove.

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

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