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Grandparents Rights Pentland Hills VIC

Grandparents Rights Pentland Hills Divorce And Separation Lawyers In Pentland Hills

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 give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates a person can not request divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Pentland Hills to be separated however to continue living in the same home throughout 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 plans have actually been made for them.

Divorce procedures are carried out entirely individually from other proceedings in 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 marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should apply for a divorce.

It is essential to be mindful that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to acquire.

Child Support

You don’t require us to tell you exactly what child assistance is or to get a basic concept of what your responsibility (or entitlement) will be.

There is a quick children assistance estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.

Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to ensure the best possible arrangement is in place given your and the other parents circumstances.

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

Some areas that Our Family Law Pentland Hills can help you with include:

Advising you as to your options regarding child assistance which may consist of organizing a personal child support arrangement, in either a minimal or binding child assistance arrangement.

Personal agreements supply certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the method 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 bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Pentland Hills

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

Assisting you to alter the Department evaluated child assistance amount to better suit your specific circumstances.

Assessments are prepared by the Department based upon a standard formula, however can be modified under various situations (up or down) based on aspects such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other scenarios also use. The change of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Pentland Hills Pre-nuptials And Financial Agreements

Financial arrangements (likewise 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 basically enables a private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Pentland Hills seeking 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 financial agreement can permanently finalise spousal maintenance responsibilities.

Family Violence

Family violence (likewise called 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 figuring out future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now includes 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 person and triggers them to fear for their security or wellbeing.

Lots of people in Pentland Hills may 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 e-mail account or internet 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 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Pentland Hills.

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

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