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Family Mediation Rubicon VIC

Family Mediation RubiconDivorce And Separation Lawyers In Rubicon

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

It is possible for a couple in Rubicon to be separated but 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 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 carried out completely individually from other proceedings in between the husband and wife and there is no responsibility on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must request a divorce.

It is important to be conscious that proceedings for property settlement and spousal maintenance must be commenced 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 obtain. Call us today if you’re looking for a Family Mediation Lawyer Rubicon.

Child Support

You do not require us to inform you exactly what child support is or to get a general concept of what your commitment (or entitlement) will be.

There is a fast children assistance estimator on the website 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 support can be a complex and painful minefield. We can help you with some of the lower known areas and complexities, and assist you to strategically prepare your child support plans and responsibilities for the future to guarantee the best possible plan remains in place given your and the other moms and dads situations.

Some areas that Our Family Law Rubicon can assist you with include:

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

Private agreements offer certainty for both parents for a longer time period (no continuous 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 get rid of the need to deal with the administration of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Rubicon

We can assist in converting the unsettled 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 global airport gate terminal.

Helping you to modify the Department examined child assistance amount to better suit your individual circumstances.

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

Rubicon Pre-nuptials And Financial Agreements

Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 enables a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Rubicon looking for to settle their commitments 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 finalise spousal maintenance commitments.

Family Violence

Family violence (likewise called 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 accusations of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates a much wider 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 causes them to fear for their security or wellbeing.

Many individuals in Rubicon may now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or internet 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 alongside couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic domestic basis for a minimum of 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 Rubicon.

De facto spouses must 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 married couple.

Business Results 1 - 10 of 19

Mackinnon Jacobs Horton & Irving
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151 Boronia Rd, Boronia Victoria 3155, Australia
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