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Family Mediation Pittong VIC

Family Mediation PittongDivorce And Separation Lawyers In Pittong

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 give 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 a minimum of twelve months and one day. This indicates an individual can not make an application for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Pittong to be separated but to continue residing in the exact same house during the twelve months, which is called ‘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 during this time.

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

Divorce proceedings are carried out totally separately from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings prior to taking action 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 essential to be aware that proceedings for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to acquire. Call us now if you’re looking for a Family Mediation Lawyer Pittong.

Child Support

You do not need us to tell you what child assistance is or to get a basic idea of what your responsibility (or entitlement) will be.

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

However, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can assist you with some of the lower known areas and intricacies, and assist you to tactically prepare your child support plans and obligations for the future to ensure the very best possible plan remains in place given your and the other moms and dads circumstances.

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

Advising you regarding your alternatives regarding child support which may include setting up a private child assistance arrangement, in either a minimal or binding child assistance agreement.

Private arrangements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable greater versatility 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 handle the administration of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Pittong

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

Helping you to alter the Department assessed child assistance amount to better suit your specific circumstances.

Evaluations are prepared by the Department based on a standard formula, however can be modified under different situations (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other scenarios also apply. The modification of evaluation procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.

Pittong Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be useful:

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 allows a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a considerable amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Pittong looking for to settle 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 financial agreement can completely finalise spousal maintenance commitments.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer 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 kids.

The traditional definition of domestic violence (physical and sexual assault) was widened 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 triggers them to fear for their security or wellbeing.

Many individuals in Pittong may now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or web 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 property settlement and spousal maintenance determined in the Family Court along with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real domestic basis for at least 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) are thought about to be a legal entity for the purpose of family law Pittong.

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

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