Call Us 1300 241 740

Family Mediation Preston South VIC

Family Mediation Preston SouthDivorce And Separation Lawyers In Preston South

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 should has been separated for at least twelve months and one day. This implies a person can not make an application for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Preston South to be separated but to continue living 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 children aged under 18 years of age, a Court will only give a divorce if it is satisfied that proper plans have been made for them.

Divorce proceedings are carried out completely separately from other proceedings between the couple and there is no commitment on a party to commence divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must make an application for a divorce.

It is essential to be mindful that proceedings for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to acquire. Call us now if you’re looking for a Family Mediation Lawyer Preston South.

Child Support

You don’t need us to tell you exactly what child support is or to get a general idea 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 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 help you with a few of the lesser recognized areas and complexities, and help you to strategically prepare your child support arrangements and obligations for the future to guarantee the very best possible plan remains in place given your and the other parents circumstances.

Some areas that Our Family Law Preston South can assist you with consist of:

Advising you as to your alternatives regarding child support which may consist of setting up a personal child assistance arrangement, in either a restricted or binding child assistance arrangement.

Private arrangements offer certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Support In Preston South

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

Helping you to change the Department evaluated child support amount to better match your individual circumstances.

Assessments are prepared by the Department based upon a basic formula, however can be modified under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other scenarios also use. The change of evaluation procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Preston South Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally 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 private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Preston South looking for to settle their responsibilities 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 monetary agreement can completely finalise spousal maintenance obligations.

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 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 children.

The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses 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 security or wellbeing.

Many people in Preston South might now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, 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 determined in the Family Court along with married couples.

Regardless 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 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 Preston South.

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

Business Results 1 - 10 of 12

Poloni & Galgano
1 Reviews
Phone:
358 Sydney Rd, Coburg Victoria 3058, Australia
Pentana Stanton Lawyers
1 Reviews
Phone:
Level 9, 124 Exhibition St, Melbourne Victoria 3000, Australia
ELLINGHAUS WEILL LAWYERS & CONSULTANTS
1 Reviews
Phone:
79 - 81 Franklin Street, Melbourne VIC 3000, Melbourne Victoria 3000, Australia
Berger Kordos Lawyers
2 Reviews
Phone:
326 William St, Level 2, Melbourne Victoria 3000, Australia
Earl & Associates
1 Reviews
Phone:
83 William St, Level 2, Melbourne Victoria 3000, Australia
Provey Conveyancing
1 Reviews
Phone:
459 Collins St, #11, Melbourne Victoria 3000, Australia
Bernardi CJ
1 Reviews
Phone:
173-175 Queens Pde, Clifton Hill Victoria 3068, Australia
Paul Reynolds
1 Reviews
Phone:
Level 9, 555 Lonsdale St, Melbourne Victoria 3000, Australia
Henry Carus & Associates
3 Reviews
Phone:
Level 11, 607 Bourke St, Melbourne Victoria 3000, Australia
Tan & Tan
1 Reviews
Phone:
140 Bourke St, Level 7, Melbourne Victoria 3000, Australia

About: admin2017