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Grandparents Rights Southbank VIC

Grandparents Rights Southbank Divorce And Separation Lawyers In Southbank

Australian Law operates on the principle 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 marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This means a person 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 Southbank to be separated but to continue living in the same home throughout the twelve months, which is known 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 children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that proper arrangements have actually been made for them.

Divorce procedures are performed entirely individually from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they need to make an application for a divorce.

It is necessary to be conscious that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is hard to acquire.

Child Support

You do not require us to inform you exactly what child support is or to get a basic idea of what your commitment (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 determine child assistance can be a complex and painful minefield. We can help you with some of the lesser known areas and complexities, and help you to tactically plan your child support plans and responsibilities for the future to make sure the best possible arrangement remains in place given your and the other parents circumstances.

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

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

Advising you regarding your options regarding child assistance which may include setting up a private child support agreement, in either a limited or binding child support agreement.

Private agreements provide certainty for both moms and dads for a longer time period (no continual 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 get rid of the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Southbank

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 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 change the Department examined child support amount to better match your specific circumstances.

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

Southbank Pre-nuptials And Financial Agreements

Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, 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 personal arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Southbank seeking to finalise their obligations 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 financial agreement can permanently finalise 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 figuring out future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual abuse) was expanded 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 person and causes them to fear for their safety or wellbeing.

Lots of people in Southbank might now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail 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 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Southbank.

De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial support, in very much the same way as a couple.

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