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Grandparents Rights Murtoa VIC

Grandparents Rights Murtoa Divorce And Separation Lawyers In Murtoa

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 broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates a person can not request divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Murtoa to be separated but to continue living in the very 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 during this time.

If there are kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct plans have been made for them.

Divorce procedures are conducted totally separately from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they need to request a divorce.

It is necessary to be mindful that procedures for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to acquire.

Child Support

You don’t need us to tell you exactly what child support is or to get a general concept of what your responsibility (or entitlement) will be.

There is a quick children support 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 assistance can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and assist you to tactically prepare your child support plans and commitments for the future to ensure the very best possible arrangement remains in place provided your and the other moms and dads scenarios.

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

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

Advising you as to your choices relating to child assistance which may include arranging a private child support arrangement, in either a limited or binding child support arrangement.

Private agreements offer certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher 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 eliminate the need to handle the administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Murtoa

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 personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.

Helping you to modify the Department assessed child support amount to better suit your specific circumstances.

Assessments are prepared by the Department based upon a basic formula, however can be changed under different situations (up or down) based upon factors such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Murtoa Pre-nuptials And Financial Agreements

Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 essentially permits a personal agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a considerable sum of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Murtoa seeking 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 financial agreement can permanently 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 provide protection to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now encompasses 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 individual and triggers them to fear for their safety or wellbeing.

Many individuals in Murtoa 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, 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with married couples.

Regardless 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Murtoa.

De facto partners must not fear that they need to 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 couple.

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