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Grandparents Rights Selwyn VIC

Grandparents Rights Selwyn Divorce And Separation Lawyers In Selwyn

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple must 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 actually been separated for twelve months and one day.

It is possible for a couple in Selwyn to be separated however to continue living in the 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 have 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 correct plans have actually been made for them.

Divorce proceedings are conducted entirely individually from other proceedings between the husband and wife and there is no commitment on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must apply for a divorce.

It is essential to be mindful that proceedings 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 tough to acquire.

Child Support

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

There is a fast children assistance estimator on the site 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 assist you with some of the lower recognized areas and complexities, and assist you to tactically plan your child support plans and commitments for the future to guarantee the very best possible arrangement remains in place offered your and the other parents scenarios.

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

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

Advising you regarding your choices concerning child assistance which might consist of arranging a private child assistance arrangement, in either a minimal or binding child assistance agreement.

Private agreements supply certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater flexibility in the approach of payment (direct funding 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 administration of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Selwyn

We can assist 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 steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.

Assisting you to change the Department assessed child support amount to much better match your individual circumstances.

Assessments are prepared by the Department based on a standard formula, however can be modified under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other situations also apply. The modification of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Selwyn Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally as ‘pre-nups’) are not for everybody, however 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 basically allows a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a considerable amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Selwyn seeking 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 completely 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, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now includes a much larger 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 Selwyn might now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail account or internet web 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 identified in the Family Court along with married 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 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 thought about to be a legal entity for the purpose of family law Selwyn.

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

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