Call Us 1300 241 740

Family Mediation Regent West VIC

Family Mediation Regent WestDivorce And Separation Lawyers In Regent West

Australian Law operates on the principle of no-fault divorce. This means that a court does rule out 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 needs to has been separated for at least twelve months and one day. This implies a person can not apply for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Regent West to be separated but to continue residing in the very same house during the twelve months, which is known as ‘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 throughout this time.

If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have been made for them.

Divorce proceedings are carried out totally separately from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they should make an application for a divorce.

It is essential to be aware that proceedings for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to acquire. Call us now if you’re looking for a Family Mediation Lawyer Regent West.

Child Support

You don’t require us to inform 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 site 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 support can be a complex and painful minefield. We can help you with some of the lower known areas and complexities, and assist you to strategically prepare your child support arrangements and responsibilities for the future to guarantee the best possible arrangement remains in place provided your and the other moms and dads situations.

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

Advising you regarding your choices relating to child assistance which may consist of setting up a private child assistance agreement, in either a restricted or binding child support agreement.

Private agreements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct financing 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 Support In Regent West

We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international 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 on a standard formula, however can be altered under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other circumstances also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Regent West Pre-nuptials And Financial Agreements

Monetary arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a considerable sum of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Regent West looking for to finalise 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 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 offer security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual abuse) was expanded 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 individual and triggers them to fear for their security or wellbeing.

Lots of people in Regent West might 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 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.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real domestic basis for a minimum of 2 years (or less if they have a child, 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 Regent West.

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

Business Results 1 - 10 of 22

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
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
Mark Shenken
2 Reviews
Phone:
285 Carlisle St, Suite 14, Balaclava Victoria 3183, Australia
Bernardi CJ
1 Reviews
Phone:
173-175 Queens Pde, Clifton Hill Victoria 3068, Australia

About: admin2017