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Grandparents Rights Newcomb VIC

Grandparents Rights Newcomb Divorce And Separation Lawyers In Newcomb

Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This means 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 Newcomb to be separated however to continue residing in the very same house throughout the twelve months, which is called ‘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 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 actually been made for them.

Divorce procedures are carried out completely separately from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they should request a divorce.

It is very important to be mindful that procedures for property settlement and spousal maintenance must 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 challenging to obtain.

Child Support

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

There is a fast 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 calculate 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 tactically prepare your child support arrangements and obligations 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 Newcomb and all family matters. Call 1300 241 740 now for a consultation.

Some areas that Our Family Law Newcomb can assist you with consist of:

Advising you as to your alternatives relating to child support which might include setting up a personal child assistance agreement, in either a minimal 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 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 remove the need to handle the administration of the Department.

Assisting In Steps To Recover Unsettled Child Support In Newcomb

We can assist 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 litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.

Helping you to modify the Department examined child assistance amount to much better suit your individual circumstances.

Evaluations are prepared by the Department based on a standard formula, but can be altered under various situations (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other scenarios also apply. The change of evaluation process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Newcomb Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally 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 enables a private arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a considerable sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Newcomb 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 financial agreement can completely settle spousal maintenance obligations.

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 security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much broader 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 safety or wellbeing.

Many individuals in Newcomb may now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine domestic basis for at least 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 unit) are considered to be a legal entity for the purpose of family law Newcomb.

De facto spouses 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 support, in very much the same way as a married couple.

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