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Family Mediation Peterborough VIC

Family Mediation PeterboroughDivorce And Separation Lawyers In Peterborough

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. 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 implies 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 Peterborough to be separated but to continue residing in the exact same house 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 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 grant a divorce if it is satisfied that proper arrangements have actually been made for them.

Divorce procedures are conducted entirely separately from other proceedings between the couple and there is no commitment on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they need to make an application for a divorce.

It is essential to be aware that procedures 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 challenging to get. Call us today if you’re looking for a Family Mediation Lawyer Peterborough.

Child Support

You don’t require us to inform you what child assistance is or to get a basic idea of what your obligation (or entitlement) will be.

There is a quick children assistance 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 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 prepare your child support arrangements and obligations for the future to make sure the very best possible plan remains in place provided your and the other parents scenarios.

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

Advising you as to your options relating to child support which may include setting up a personal child assistance agreement, in either a restricted or binding child assistance arrangement.

Personal arrangements offer certainty for both parents for a longer time period (no continual 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 eliminate the need to deal with the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Peterborough

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 worldwide airport gate terminal.

Assisting you to modify the Department examined child assistance amount to much better match your individual situations.

Assessments are prepared by the Department based upon a standard formula, but can be changed under different situations (up or down) based on factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a child has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also apply. The modification of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Peterborough Pre-nuptials And Financial Agreements

Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, 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 permits a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.

For separated couples in Peterborough seeking to finalise their commitments 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 permanently settle 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 security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.

The traditional definition 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 person and causes them to fear for their security or wellbeing.

Many individuals in Peterborough may now be shocked to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their email account or internet 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 identified in the Family Court along with married couples.

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

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

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