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Family Mediation Redcastle VIC

Family Mediation RedcastleDivorce And Separation Lawyers In Redcastle

Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means an individual can not make an application for divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Redcastle to be separated however to continue residing in the exact same home throughout the twelve months, which is referred to as ‘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 only give a divorce if it is satisfied that correct plans have been made for them.

Divorce proceedings are conducted totally separately from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they need to request a divorce.

It is necessary to be conscious that procedures for property settlement and spousal maintenance should 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 hard to get. Call us now if you’re looking for a Family Mediation Lawyer Redcastle.

Child Support

You do not need us to inform you exactly what child support is or to get a general idea of what your commitment (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.

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

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

Advising you as to your alternatives relating to child support which may consist of arranging a private child assistance agreement, in either a minimal or binding child assistance agreement.

Private agreements supply certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Redcastle

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

Assisting you to modify the Department examined child assistance amount to better suit your individual situations.

Assessments are prepared by the Department based upon a standard formula, but can be changed under different circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other situations also apply. The modification of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Redcastle Pre-nuptials And Financial Agreements

Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everybody, however 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 basically 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 sum of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Redcastle seeking to settle their commitments 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 permanently settle spousal maintenance obligations.

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 offer protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out 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 broader scope of behaviours such as:

  •  emotional and psychological abuse
  • economic abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.

Lots of people in Redcastle may now be shocked to find 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 internet 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 together with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited 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) are thought about to be a legal entity for the purpose of family law Redcastle.

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 residential or commercial property and financial backing, in very much the same way as a couple.

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