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Grandparents Rights Seabrook VIC

Grandparents Rights Seabrook Divorce And Separation Lawyers In Seabrook

Australian Law operates on the principle 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 marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This suggests a person can not apply for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Seabrook to be separated however to continue residing in the very same home 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 throughout this time.

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

Divorce proceedings are conducted totally separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they need to request a divorce.

It is important to be aware that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to acquire.

Child Support

You do not 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 fast 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 calculate child support can be a complex and painful minefield. We can help you with some of the lower recognized areas and intricacies, and help you to tactically plan your child support plans and commitments for the future to ensure the very best possible plan remains in place given your and the other parents scenarios.

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

Some areas that Our Family Law Seabrook can assist you with consist of:

Advising you regarding your choices relating to child support which might include organizing a private child support agreement, in either a limited or binding child assistance arrangement.

Personal arrangements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater flexibility 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 handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Support In Seabrook

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 private recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Assisting you to change the Department evaluated child assistance amount to much better suit your specific situations.

Assessments are prepared by the Department based upon a basic formula, however can be modified under different situations (up or down) based upon aspects such as the expense of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other situations also use. The modification of assessment process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Seabrook Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially 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 personal agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a significant amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Seabrook looking for 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 permanently settle spousal maintenance obligations.

Family Violence

Family violence (also referred to 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, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was broadened 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 security or wellbeing.

Many individuals in Seabrook might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their e-mail account or web 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 together with couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 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 Seabrook.

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

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