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Family Mediation Roslynmead VIC

Family Mediation RoslynmeadDivorce And Separation Lawyers In Roslynmead

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to give 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 must has been separated for at least twelve months and one day. This indicates a person can not make an application for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Roslynmead to be separated but to continue living in the same home during the twelve months, which is called ‘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 children aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate arrangements have actually been made for them.

Divorce procedures are conducted entirely separately from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they must apply for a divorce.

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

Child Support

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

There is a fast children support 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 help you with a few of the lower known areas and complexities, and help you to strategically prepare your child support plans and responsibilities for the future to guarantee the very best possible arrangement is in place given your and the other parents situations.

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

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

Personal agreements offer certainty for both moms and dads for a longer period of time (no continual 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 Support In Roslynmead

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 private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.

Helping you to modify the Department evaluated child assistance amount to better suit your specific circumstances.

Assessments are prepared by the Department based on a standard formula, but can be altered under various circumstances (up or down) based upon aspects such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also use. The modification of evaluation procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Roslynmead Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 enables a personal agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a substantial 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 coverage or life insurance.

For separated couples in Roslynmead seeking 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 permanently finalise spousal maintenance commitments.

Family Violence

Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security 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 meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates 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 security or wellbeing.

Many people in Roslynmead may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out 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 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 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) are considered to be a legal entity for the purpose of family law Roslynmead.

De facto partners should not fear that they need to 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.

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