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Family Mediation Raglan VIC

Family Mediation RaglanDivorce And Separation Lawyers In Raglan

Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marriage. 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 implies a person can not request divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Raglan to be separated but to continue living in the very same house throughout 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 give a divorce if it is satisfied that correct arrangements have been made for them.

Divorce proceedings are carried out totally individually from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must apply for a divorce.

It is important to be mindful that proceedings for property settlement and spousal maintenance must be started 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 acquire. Call us today if you’re looking for a Family Mediation Lawyer Raglan.

Child Support

You don’t need us to tell you exactly what child support is or to get a basic concept of what your commitment (or entitlement) will be.

There is a fast 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 compute child assistance can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and complexities, and assist you to strategically plan your child support arrangements and obligations for the future to guarantee the very best possible plan is in place offered your and the other parents scenarios.

Some areas that Our Family Law Raglan can help you with consist of:

Advising you regarding your alternatives concerning child assistance which might include organizing a private child support agreement, in either a limited or binding child support agreement.

Private arrangements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater versatility in the approach 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 deal with the administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Raglan

We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to enable 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 spouse at the global airport gate terminal.

Helping you to modify the Department evaluated child assistance amount to much better suit your specific situations.

Assessments are prepared by the Department based upon a standard formula, but can be changed under various situations (up or down) based upon factors such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other scenarios also use. The change of assessment process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Raglan Pre-nuptials And Financial Agreements

Monetary agreements (also 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 basically allows a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Raglan seeking 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 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 offer security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for kids.

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

Lots of people in Raglan 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 e-mail account or internet 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 married 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 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 Raglan.

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

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