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Family Mediation Seaspray VIC

Family Mediation SeasprayDivorce And Separation Lawyers In Seaspray

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

It is possible for a couple in Seaspray to be separated however to continue residing in the same house throughout the twelve months, which is known as ‘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 kids 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 procedures are performed entirely individually from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must request a divorce.

It is important to be aware that proceedings for property settlement and spousal maintenance need to be begun 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 get. Call us today if you’re looking for a Family Mediation Lawyer Seaspray.

Child Support

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

There is a fast children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.

However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and intricacies, and help you to strategically prepare your child support plans and responsibilities for the future to make sure the best possible arrangement is in place offered your and the other parents situations.

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

Advising you regarding your choices regarding child assistance which may include arranging a personal child assistance agreement, in either a minimal or binding child support agreement.

Private agreements offer certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater 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 get rid of the need to deal with the administration of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Seaspray

We can help in converting the unpaid 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 actions such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.

Assisting you to change the Department evaluated child assistance amount to better suit your individual situations.

Assessments are prepared by the Department based on a basic formula, but can be altered under various situations (up or down) based upon factors such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other circumstances also apply. The change of assessment process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Seaspray Pre-nuptials And Financial Agreements

Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, however they can be helpful:

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 private agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant amount of money, including the expenses associated 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 Seaspray looking for to finalise 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 monetary agreement can completely settle spousal maintenance responsibilities.

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 offer protection to the victim, but 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 broadened in late 2012 and now includes 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 Seaspray might now be surprised 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 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 identified in the Family Court alongside married couples.

Despite 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 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 unit) are considered to be a legal entity for the purpose of family law Seaspray.

De facto spouses must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial support, in very much the same way as a couple.

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