Call Us 1300 241 740

Family Mediation Richmond Plains VIC

Family Mediation Richmond PlainsDivorce And Separation Lawyers In Richmond Plains

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to approve 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 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 Richmond Plains to be separated but to continue residing in the exact same house during the twelve months, which is referred to 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 during this time.

If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper arrangements have been made for them.

Divorce procedures are performed totally individually from other proceedings in between the couple and there is no obligation on a party to start divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they must make an application for a divorce.

It is very important to be mindful that procedures 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 tough to obtain. Call us now if you’re looking for a Family Mediation Lawyer Richmond Plains.

Child Support

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

There is a quick children assistance 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 support can be a complex and painful minefield. We can help you with some of the lesser recognized areas and intricacies, and assist you to strategically plan your child support plans and responsibilities for the future to make sure the best possible arrangement remains in place given your and the other parents scenarios.

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

Advising you as to your options relating to child assistance which might consist of setting up a personal child assistance arrangement, in either a restricted or binding child support agreement.

Personal arrangements supply certainty for both parents for a longer time period (no continual 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 costs in part or in lieu), and get rid of the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Richmond Plains

We can help in converting the unsettled 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 steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Assisting you to modify the Department examined child support amount to better match your individual circumstances.

Evaluations are prepared by the Department based upon a standard formula, but can be modified under various situations (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, and so on. Other scenarios also use. The modification of evaluation process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Richmond Plains Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally 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 essentially permits a private arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a significant amount of money, including 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 Richmond Plains seeking to finalise their obligations 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 (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses a much broader 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 safety or wellbeing.

Many people in Richmond Plains may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or 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 identified in the Family Court alongside couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually 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 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 Richmond Plains.

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

Business Results 1 - 10 of 0

About: admin2017