Call Us 1300 241 740

Grandparents Rights Napoleons VIC

Grandparents Rights Napoleons Divorce And Separation Lawyers In Napoleons

Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship 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 marital relationship 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 Napoleons to be separated but to continue residing in the exact same home 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 show 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 appropriate arrangements have been made for them.

Divorce proceedings are carried out completely individually from other proceedings between the couple and there is no obligation on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they should make an application 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 just be made after this duration with the approval of the Court, and this is hard to acquire.

Child Support

You do not require us to tell you what child support is or to get a basic idea of what your responsibility (or entitlement) will be.

There is a quick children assistance estimator on the website of the Department of Human Services Child Assistance (” 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 some of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and obligations for the future to guarantee the very best possible plan is in place provided your and the other parents circumstances.

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

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

Advising you as to your alternatives concerning child support which may include organizing a private child support arrangement, in either a limited or binding child assistance arrangement.

Private agreements offer certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct financing 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.

Assisting In Steps To Recover Unsettled Child Support In Napoleons

We can help in converting the unsettled 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 spouse at the worldwide airport gate terminal.

Assisting you to modify the Department assessed child support amount to better suit your individual circumstances.

Evaluations are prepared by the Department based on a standard formula, however can be modified under various situations (up or down) based on factors such as the expense of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other scenarios also use. The change of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Napoleons Pre-nuptials And Financial Agreements

Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everybody, 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 permits a personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a significant amount of money, consisting of 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 Napoleons seeking 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 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 offer security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual assault) was widened 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 causes them to fear for their safety or wellbeing.

Many people in Napoleons may now be shocked 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 email 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 together with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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) are thought about to be a legal entity for the purpose of family law Napoleons.

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

Business Results 1 - 10 of 2

Callea Pearce Lawyers
1 Reviews
Phone:
8 Gell St, Bacchus Marsh Victoria 3340, Australia
Birdsey Dedman & Bartlett
1 Reviews
Phone:
166a Ryrie St, Geelong Victoria 3220, Australia

About: admin2017