Call Us 1300 241 740

Grandparents Rights Mudgegonga VIC

Grandparents Rights Mudgegonga Divorce And Separation Lawyers In Mudgegonga

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

It is possible for a couple in Mudgegonga to be separated but to continue living in the very same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to show to the Court that they were separated throughout this time.

If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate plans have actually been made for them.

Divorce proceedings are conducted completely separately from other proceedings in between the couple and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to apply for a divorce.

It is important to be mindful that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is challenging to obtain.

Child Support

You don’t require us to inform you exactly what child assistance is or to get a general concept of what your obligation (or entitlement) will be.

There is a fast children support estimator on the site of the Department of Human Services Child Assistance (” 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 a few of the lower recognized areas and complexities, and help you to strategically prepare your child support arrangements and obligations for the future to ensure the best possible arrangement remains in place offered your and the other parents scenarios.

Our lawyers provides legal advice on grandparents rights Mudgegonga and all family matters. Call 1300 241 740 now for a consultation.

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

Advising you regarding your choices concerning child assistance which might include setting up a personal child support agreement, in either a limited or binding child support arrangement.

Personal arrangements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to handle the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Mudgegonga

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

Assisting you to modify the Department examined child assistance amount to better suit your specific circumstances.

Evaluations are prepared by the Department based on a basic formula, but can be altered under different circumstances (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also apply. The modification of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Mudgegonga Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, however 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 allows a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a considerable amount of money, consisting of the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Mudgegonga 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 settle spousal maintenance obligations.

Family Violence

Family violence (also 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, 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 assault) was expanded in late 2012 and now includes 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 person and causes them to fear for their security or wellbeing.

Many people in Mudgegonga might now be surprised 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, monitoring their e-mail 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 property settlement and spousal maintenance identified in the Family Court alongside couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 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 Mudgegonga.

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

Business Results 1 - 10 of 0

About: admin2017