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Family Mediation Raymond Island VIC

Family Mediation Raymond IslandDivorce And Separation Lawyers In Raymond Island

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability to grant a divorce if there has 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 a minimum of twelve months and one day. This suggests an individual can not apply for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Raymond Island to be separated but to continue living in the exact same house throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated throughout this time.

If there are kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that appropriate plans have actually been made for them.

Divorce procedures are conducted completely individually from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they need to request a divorce.

It is very important to be conscious that proceedings for property settlement and spousal maintenance must 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 challenging to get. Call us today if you’re looking for a Family Mediation Lawyer Raymond Island.

Child Support

You do not need us to tell you exactly what child assistance is or to get a basic concept 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 Support (” the Department”) which you can use.

Nevertheless, 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 recognized areas and complexities, and assist you to tactically plan your child support arrangements and responsibilities for the future to ensure the best possible plan is in place provided your and the other parents circumstances.

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

Advising you regarding your options concerning child support which might consist of organizing a personal child assistance arrangement, in either a minimal or binding child support agreement.

Private arrangements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct funding 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.

Helping In Steps To Recover Unpaid Child Assistance In Raymond Island

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 private recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Helping you to modify the Department assessed child support amount to much better match your specific circumstances.

Evaluations are prepared by the Department based upon a standard formula, but can be altered under various circumstances (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also use. The change of evaluation process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.

Raymond Island Pre-nuptials And Financial Agreements

Monetary arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, however they can be beneficial:

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 personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.

For separated couples in Raymond Island 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 financial agreement can completely settle spousal maintenance commitments.

Family Violence

Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much wider 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 safety or wellbeing.

Many individuals in Raymond Island may now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out 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 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 identified in the Family Court alongside couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic 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 thought about to be a legal entity for the purpose of family law Raymond Island.

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

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