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Family Mediation Rokewood Junction VIC

Family Mediation Rokewood JunctionDivorce And Separation Lawyers In Rokewood Junction

Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out 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 marital relationship has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This suggests a person 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 Rokewood Junction to be separated however to continue living in the very same home 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 kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that appropriate plans have been made for them.

Divorce procedures 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 doing something about it 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 necessary to be aware that procedures for property settlement and spousal maintenance should be begun 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 acquire. Call us now if you’re looking for a Family Mediation Lawyer Rokewood Junction.

Child Support

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

However, 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 lesser known areas and complexities, and help you to strategically plan your child support plans and responsibilities for the future to guarantee the best possible arrangement remains in place provided your and the other parents situations.

Some areas that Our Family Law Rokewood Junction can help you with include:

Advising you regarding your options concerning child assistance which might consist of arranging a private child assistance arrangement, in either a minimal or binding child assistance arrangement.

Personal arrangements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Support In Rokewood Junction

We can assist 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 evaluated child assistance amount to better suit your individual situations.

Evaluations are prepared by the Department based upon a basic formula, however can be altered under various circumstances (up or down) based on factors such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also apply. The change of assessment process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.

Rokewood Junction Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 generally permits a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a substantial sum of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.

For separated couples in Rokewood Junction looking for to settle 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 completely finalise spousal maintenance commitments.

Family Violence

Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now encompasses a much larger 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 Rokewood Junction may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring 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 property settlement and spousal maintenance identified in the Family Court along with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 Rokewood Junction.

De facto spouses must not fear that they need to walk away 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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Callea Pearce Lawyers
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Phone:
8 Gell St, Bacchus Marsh Victoria 3340, Australia
Birdsey Dedman & Bartlett
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166a Ryrie St, Geelong Victoria 3220, Australia

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