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Grandparents Rights Neerim South VIC

Grandparents Rights Neerim South Divorce And Separation Lawyers In Neerim South

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This suggests an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Neerim South to be separated but to continue living in the same house during the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they have 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 only grant a divorce if it is satisfied that appropriate plans have been made for them.

Divorce proceedings are carried out completely individually from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they need to apply for a divorce.

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

Child Support

You do not need us to inform you exactly what child support is or to get a basic concept of what your commitment (or entitlement) will be.

There is a fast children assistance estimator on the site 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 help you with some of the lower recognized areas and complexities, and assist you to strategically prepare your child support arrangements and responsibilities for the future to make sure the best possible arrangement remains in place provided your and the other moms and dads situations.

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

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

Advising you regarding your choices regarding child support which may include setting up a personal child support arrangement, in either a restricted or binding child support arrangement.

Personal arrangements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher versatility in the approach of payment (direct funding 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 deal with the administration of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Neerim South

We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.

Helping you to modify the Department evaluated child support amount to much better match your individual situations.

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

Neerim South Pre-nuptials And Financial Agreements

Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, 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 allows a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a significant sum of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Neerim South seeking to finalise their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely settle spousal maintenance commitments.

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 allegations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much wider 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 Neerim South might now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their e-mail 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 property settlement and spousal maintenance determined in the Family Court along with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Neerim South.

De facto spouses should not fear that they should 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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Mackinnon Jacobs Horton & Irving
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89 Boronia Rd, Boronia Victoria 3155, Australia
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151 Boronia Rd, Boronia Victoria 3155, Australia
Ross Legal
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Mackinnon Jacobs Lawyers
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151 Boronia Rd, Level 1, Boronia Victoria 3155, Australia

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