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Grandparents Rights Northland Centre VIC

Grandparents Rights Northland Centre Divorce And Separation Lawyers In Northland Centre

Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marriage. 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 means an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Northland Centre to be separated however 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 throughout this time.

If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper arrangements have been made for them.

Divorce proceedings are conducted completely individually from other proceedings in between the husband and wife and there is no responsibility on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they should apply for a divorce.

It is very important to be aware that procedures for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only 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 tell you what child assistance is or to get a general idea of what your obligation (or entitlement) will be.

There is a fast children support estimator on the site 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 a few of the lesser recognized areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to make sure the very best possible arrangement is in place given your and the other parents situations.

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

Some areas that Our Family Law Northland Centre can assist you with include:

Advising you regarding your options regarding child assistance which might include arranging a private child support arrangement, in either a minimal or binding child support arrangement.

Personal arrangements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Northland Centre

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

Helping you to alter the Department evaluated child support amount to much better match your individual circumstances.

Assessments are prepared by the Department based on a basic formula, but can be altered under various situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other circumstances also use. The modification of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Northland Centre Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally as ‘pre-nups’) are not for everybody, nevertheless 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 basically allows a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a significant amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Northland Centre looking for to settle their commitments 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 monetary agreement can completely finalise spousal maintenance obligations.

Family Violence

Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates a much wider 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 Northland Centre might now be surprised to discover 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 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 property settlement and spousal maintenance determined in the Family Court together with married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Northland Centre.

De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a couple.

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