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Family Mediation Roxburgh Park VIC

Family Mediation Roxburgh ParkDivorce And Separation Lawyers In Roxburgh Park

Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for at least twelve months and one day. This means a person can not request divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Roxburgh Park to be separated but to continue living in the very same home throughout 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 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 correct plans have actually been made for them.

Divorce procedures are performed entirely individually from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they should apply for a divorce.

It is important to be aware that procedures for property settlement and spousal maintenance must be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to obtain. Call us today if you’re looking for a Family Mediation Lawyer Roxburgh Park.

Child Support

You do not need us to tell you what child support 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 Support (” the Department”) which you can use.

Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with some of the lesser recognized areas and complexities, and assist you to tactically prepare your child support plans and responsibilities for the future to ensure the best possible plan is in place provided your and the other moms and dads scenarios.

Some areas that Our Family Law Roxburgh Park can help you with include:

Advising you as to your alternatives regarding child support which might include arranging a private child support arrangement, in either a limited 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 versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Roxburgh Park

We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Helping you to modify the Department assessed child support amount to much better suit your individual situations.

Assessments are prepared by the Department based upon a basic formula, however can be changed under various circumstances (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.

Roxburgh Park Pre-nuptials And Financial Agreements

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

For separated couples in Roxburgh Park seeking to settle their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely settle spousal maintenance responsibilities.

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 provide security 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 definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates a much larger scope of behaviours such as:

  •  emotional and psychological abuse
  • financial abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another individual and triggers them to fear for their safety or wellbeing.

Many individuals in Roxburgh Park 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 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 property settlement and spousal maintenance determined in the Family Court along with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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 considered to be a legal entity for the purpose of family law Roxburgh Park.

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

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