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Grandparents Rights Ocean Grove VIC

Grandparents Rights Ocean Grove Divorce And Separation Lawyers In Ocean Grove

Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court is able to approve a divorce if there has actually 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 make an application for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Ocean Grove to be separated but to continue residing in the very same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need 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 proper arrangements 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 commitment on a party to begin divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they should request a divorce.

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

Child Support

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

There is a fast children support 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 calculate child assistance can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and assist you to tactically prepare your child support plans and commitments for the future to make sure the best possible arrangement remains in place offered your and the other parents situations.

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

Some areas that Our Family Law Ocean Grove can assist you with include:

Advising you regarding your choices relating to child assistance which may consist of setting up a personal child support arrangement, in either a restricted or binding child support arrangement.

Personal arrangements provide certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct financing 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 administration of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Ocean Grove

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 lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.

Assisting you to change the Department evaluated child support amount to better suit your specific circumstances.

Assessments are prepared by the Department based upon a standard formula, however can be altered under different circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is income poor however ‘asset rich’, and so on. Other situations also apply. The modification of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Ocean Grove Pre-nuptials And Financial Agreements

Financial agreements (also known informally as ‘pre-nups’) are not for everyone, however 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 essentially enables a private agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Ocean Grove seeking 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 monetary agreement can completely finalise spousal maintenance obligations.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide 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 children.

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

Many individuals in Ocean Grove may now be surprised 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 messages, monitoring their e-mail account or web 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 together with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine 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 Ocean Grove.

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

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