Call Us 1300 241 740

Grandparents Rights Neerim Junction VIC

Grandparents Rights Neerim Junction Divorce And Separation Lawyers In Neerim Junction

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 marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This suggests a person can not make an application for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Neerim Junction to be separated but to continue residing in the same house 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 throughout this time.

If there are kids 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 conducted completely individually from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must apply for a divorce.

It is important to be mindful that procedures for property settlement and spousal maintenance need to be started 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.

Child Support

You don’t require us to inform you what child support is or to get a basic idea of what your responsibility (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.

Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can assist you with some of the lesser known areas and intricacies, and assist you to tactically plan your child support arrangements and commitments for the future to ensure the best possible plan remains in place provided your and the other moms and dads circumstances.

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

Some areas that Our Family Law Neerim Junction can help you with consist of:

Advising you regarding your choices relating to child assistance which might include setting up a private child assistance arrangement, in either a restricted or binding child assistance arrangement.

Private arrangements 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 financing 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 handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Support In Neerim Junction

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 litigation through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.

Helping you to change the Department assessed child assistance amount to better match your specific situations.

Assessments are prepared by the Department based upon a basic formula, however can be altered under different situations (up or down) based upon aspects such as the expense of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other circumstances also use. The change of evaluation process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Neerim Junction Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally as ‘pre-nups’) are not for everybody, 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 basically permits a personal agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable amount 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 Neerim Junction looking for 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 monetary agreement can permanently settle spousal maintenance obligations.

Family Violence

Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for kids.

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

Lots of people in Neerim Junction might now be shocked 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 e-mail account or web browser history.

De Facto Relationships

In March 2009 a brand-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 married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real domestic basis for at least 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 Neerim Junction.

De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special 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 5

Mackinnon Jacobs Horton & Irving
2 Reviews
Phone:
89 Boronia Rd, Boronia Victoria 3155, Australia
Mackinnon Jacobs Horton & Irving
2 Reviews
Phone:
151 Boronia Rd, Boronia Victoria 3155, Australia
Ross Legal
1 Reviews
Phone:
1182 Burwood Hwy, Suite 5, Upper Ferntree Gully Victoria 3156, Australia
Mackinnon Jacobs Lawyers
1 Reviews
Phone:
151 Boronia Rd, Level 1, Boronia Victoria 3155, Australia
Vendor Advocay Australia
1 Reviews
Phone:
2/23 Dudley St, #2, Eltham Victoria 3095, Australia

Business Results 1 - 10 of 20











About: admin2017