Call Us 1300 241 740

Family Mediation Pitfield VIC

Family Mediation PitfieldDivorce And Separation Lawyers In Pitfield

Australian Law operates on the principle of no-fault divorce. This means 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 marital relationship has actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This means an individual can not request divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Pitfield to be separated however to continue residing in the exact same home during the twelve months, which is called ‘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 kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper plans have actually been made for them.

Divorce proceedings are carried out totally individually from other proceedings between the husband and wife and there is no responsibility on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they need to make an application for a divorce.

It is important to be aware that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to obtain. Call us now if you’re looking for a Family Mediation Lawyer Pitfield.

Child Support

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

There is a quick children support estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.

However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with some of the lower recognized areas and complexities, and help you to tactically plan your child support arrangements and responsibilities for the future to make sure the best possible arrangement remains in place given your and the other moms and dads circumstances.

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

Advising you as to your choices regarding child assistance which may consist of organizing a private child support agreement, in either a restricted or binding child assistance arrangement.

Private arrangements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct financing 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 administration of the Department.

Assisting In Steps To Recover Unsettled Child Support In Pitfield

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 personal recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.

Assisting you to alter the Department evaluated child support amount to much better suit your individual situations.

Evaluations are prepared by the Department based on a basic formula, however can be modified under different situations (up or down) based upon factors such as the cost of maintaining the kid 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 moms and dad is earnings poor however ‘asset rich’, and so on. Other situations also use. The change of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Pitfield Pre-nuptials And Financial Agreements

Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 essentially enables a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Pitfield looking for to settle their obligations 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 commitments.

Family Violence

Family violence (also 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, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now incorporates a much wider 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 people in Pitfield may now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 determined in the Family Court alongside married couples.

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

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

Business Results 1 - 10 of 1

Birdsey Dedman & Bartlett
1 Reviews
Phone:
166a Ryrie St, Geelong Victoria 3220, Australia

About: admin2017