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Grandparents Rights Seaford VIC

Grandparents Rights Seaford Divorce And Separation Lawyers In Seaford

Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability to grant a divorce if there has actually 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 suggests an individual can not request divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Seaford to be separated but to continue living in the very same house during 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 throughout this time.

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

Divorce proceedings are performed totally separately from other proceedings in between the husband and wife and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to apply for a divorce.

It is very important to be mindful that procedures for property settlement and spousal maintenance need to 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 tough to get.

Child Support

You do not require us to tell you what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.

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

Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with some of the lesser recognized areas and intricacies, and assist you to strategically prepare your child support arrangements and responsibilities for the future to make sure the best possible arrangement remains in place offered your and the other parents circumstances.

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

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

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

Personal agreements provide certainty for both parents for a longer amount of time (no continuous 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 Unpaid Child Assistance In Seaford

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 personal 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.

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

Assessments are prepared by the Department based upon a standard formula, however can be altered under different situations (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also use. The modification of evaluation procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Seaford Pre-nuptials And Financial Agreements

Financial agreements (likewise known informally as ‘pre-nups’) are not for everyone, nevertheless 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 generally enables a private agreement 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 expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.

For separated couples in Seaford seeking to settle their obligations 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 obligations.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just 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 determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was widened 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 triggers them to fear for their safety or wellbeing.

Many people in Seaford may now be surprised to discover 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 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.

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

De facto partners must not fear that they should walk away 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 married couple.

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