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Family Mediation Riggs Creek VIC

Family Mediation Riggs CreekDivorce And Separation Lawyers In Riggs Creek

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 approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Riggs Creek to be separated but to continue living in the same home throughout the twelve months, which is known as ‘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 throughout this time.

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

Divorce proceedings are performed entirely individually from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to request a divorce.

It is essential to be conscious that procedures for property settlement and spousal maintenance need to 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 tough to obtain. Call us today if you’re looking for a Family Mediation Lawyer Riggs Creek.

Child Support

You don’t need us to tell 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 support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.

Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and intricacies, and assist you to strategically plan your child support arrangements and commitments for the future to ensure the best possible plan is in place given your and the other moms and dads situations.

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

Advising you regarding your choices regarding child support which might consist of arranging a personal child assistance arrangement, in either a limited or binding child assistance agreement.

Private agreements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable higher flexibility 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 get rid of the need to deal with the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Support In Riggs Creek

We can assist 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 lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.

Helping you to alter the Department assessed child assistance amount to much better suit your specific circumstances.

Assessments are prepared by the Department based upon a basic formula, but can be altered under various situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other situations also apply. The change of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Riggs Creek Pre-nuptials And Financial Agreements

Financial agreements (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 generally enables a personal agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount 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 Riggs Creek looking for to finalise 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 monetary agreement can permanently settle spousal maintenance obligations.

Family Violence

Family violence (likewise known as 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 determining future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates 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 person and triggers them to fear for their security or wellbeing.

Many individuals in Riggs Creek might now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or web 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 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 lived together on a genuine domestic basis for at least 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) are considered to be a legal entity for the purpose of family law Riggs Creek.

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

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