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Grandparents Rights Red Hill VIC

Grandparents Rights Red Hill Divorce And Separation Lawyers In Red Hill

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This means 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 Red Hill to be separated but 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 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 only approve a divorce if it is satisfied that appropriate arrangements have been made for them.

Divorce procedures are carried out totally separately from other proceedings in between the couple and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they should make an application for a divorce.

It is important to be conscious that proceedings for property settlement and spousal maintenance should 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 hard to acquire.

Child Support

You do not 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 fast children support estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.

However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can assist you with some of the lesser known areas and intricacies, and help you to strategically prepare your child support plans and commitments for the future to ensure the best possible plan is in place provided your and the other parents circumstances.

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

Some areas that Our Family Law Red Hill can help you with include:

Advising you as to your choices regarding child support which might consist of arranging a private child support arrangement, in either a limited or binding child assistance arrangement.

Personal arrangements supply certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to handle the administration of the Department.

Helping In Steps To Recover Unsettled Child Support In Red Hill

We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow 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 modify the Department assessed child assistance amount to much better suit your individual situations.

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

Red Hill Pre-nuptials And Financial Agreements

Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:

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 arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a considerable 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 Red Hill looking for to finalise 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 settle spousal maintenance responsibilities.

Family Violence

Family violence (also known 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, however 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 meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses 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 individual and causes them to fear for their safety or wellbeing.

Many people in Red Hill might now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real domestic basis for at least 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 considered to be a legal entity for the purpose of family law Red Hill.

De facto partners must not fear that they should 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.

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