Call Us 1300 241 740

Grandparents Rights Portland VIC

Grandparents Rights Portland Divorce And Separation Lawyers In Portland

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability 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 actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This means an individual can not make an application for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Portland to be separated however to continue living in the very same house throughout the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they have to prove 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 appropriate plans have been made for them.

Divorce procedures are performed totally separately from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they need to make an application for a divorce.

It is essential to be conscious that procedures for property settlement and spousal maintenance should be begun 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 don’t need us to inform you exactly 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 website of the Department of Human Services Child Assistance (” the Department”) which you can use.

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

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

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

Advising you regarding your options relating to child support which may include organizing a private child assistance agreement, in either a restricted or binding child support arrangement.

Private arrangements provide certainty for both moms and dads for a longer amount of time (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 eliminate the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Portland

We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to allow 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 spouse at the international airport gate terminal.

Assisting you to alter the Department examined child assistance amount to much better match your individual circumstances.

Evaluations are prepared by the Department based upon a basic formula, however can be modified under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other situations also apply. The change of evaluation process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Portland Pre-nuptials And Financial Agreements

Monetary agreements (likewise known informally as ‘pre-nups’) are not for everybody, nevertheless 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 generally allows a private agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a significant amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Portland looking for to settle their responsibilities to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a monetary agreement can permanently finalise spousal maintenance responsibilities.

Family Violence

Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for children.

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

Lots of people in Portland might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email 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 determined in the Family Court alongside married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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 Portland.

De facto spouses should not fear that they need to leave 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.

Business Results 1 - 10 of 0

Business Results 1 - 10 of 20











About: admin2017