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Grandparents Rights Picola West VIC

Grandparents Rights Picola West Divorce And Separation Lawyers In Picola West

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 grant 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 needs to has been separated for a minimum of twelve months and one day. This suggests a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Picola West to be separated however to continue living in the very 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 prove to the Court that they were separated during this time.

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

Divorce procedures are performed entirely separately from other proceedings between the couple and there is no commitment on a party to start divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must request a divorce.

It is necessary to be conscious 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 period with the approval of the Court, and this is challenging to get.

Child Support

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

There is a quick children support 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 some of the lesser recognized areas and intricacies, and assist you to strategically plan your child support plans and responsibilities for the future to ensure the very best possible arrangement is in place provided your and the other parents situations.

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

Some areas that Our Family Law Picola West can assist you with include:

Advising you as to your alternatives regarding child support which might consist of organizing a private child support arrangement, in either a minimal or binding child assistance agreement.

Personal arrangements provide 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 financing in periodic or lump sums, or payment of educational, medical and extracurricular costs 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 Picola West

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 lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.

Assisting you to change the Department assessed child support amount to better suit your individual situations.

Evaluations 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 child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other scenarios also apply. The change of assessment process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.

Picola West Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 allows a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a considerable amount of money, consisting of the expenses connected 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 Picola West seeking to finalise their obligations 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 commitments.

Family Violence

Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not only 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 determining future parenting arrangements for kids.

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

Many people in Picola West 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 messages, monitoring their e-mail account or web 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 property settlement and spousal maintenance identified in the Family Court alongside married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law Picola West.

De facto partners must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.

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