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Grandparents Rights Nichols Point VIC

Grandparents Rights Nichols Point Divorce And Separation Lawyers In Nichols Point

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship 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 marriage has broken down irretrievably the couple should has been separated for at least twelve months and one day. This implies a person can not request divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Nichols Point to be separated but to continue living in the very same house throughout 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 just give a divorce if it is satisfied that appropriate plans have been made for them.

Divorce proceedings are performed totally individually from other proceedings in between the couple and there is no responsibility 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 marital relationship wants to re-marry they must request a divorce.

It is very important to be mindful that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to obtain.

Child Support

You do not require us to inform you what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.

There is a quick 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 assist you with some of the lesser known areas and complexities, and help you to strategically plan your child support plans and commitments for the future to guarantee the very best possible plan is in place offered your and the other parents situations.

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

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

Advising you as to your choices relating to child assistance which might consist of organizing a personal child assistance agreement, in either a restricted or binding child assistance arrangement.

Private arrangements provide certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater 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.

Helping In Steps To Recover Unpaid Child Assistance In Nichols Point

We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable 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 partner at the global airport gate terminal.

Helping you to alter the Department examined child support amount to much better suit your individual circumstances.

Evaluations are prepared by the Department based on a standard formula, but can be modified under different circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other situations also apply. The modification of evaluation process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.

Nichols Point Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 allows 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 significant sum of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Nichols Point looking for to settle their responsibilities 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 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, however the Family Court and Federal Circuit Court will take any accusations 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 includes 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 person and causes them to fear for their security or wellbeing.

Many individuals in Nichols Point may now be surprised 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, 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 residential or commercial property settlement and spousal maintenance determined in the Family Court along with married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic 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 residential or commercial property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Nichols Point.

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

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