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Restraining Order Belgrave VIC

Restraining Order Belgrave Divorce And Separation Lawyers In Belgrave

Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Belgrave to be separated however to continue living in the exact same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to prove 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 correct arrangements have been made for them.

Divorce procedures are carried out entirely separately from other proceedings between the couple and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they must make an application for a divorce.

It is important to be aware 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 duration with the approval of the Court, and this is challenging to obtain.

Our Lawyers also provides legal advice on family violence matters and restraining orders Belgrave. Call us now for a consultation.

Child Support

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

There is a quick children support estimator on the site of the Department of Human Services Child Assistance (” 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 a few of the lesser recognized areas and complexities, and assist you to strategically prepare your child support plans and commitments for the future to ensure the very best possible arrangement remains in place given your and the other parents circumstances.

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

Advising you regarding your options concerning child assistance which may include setting up a personal child assistance agreement, in either a minimal or binding child assistance arrangement.

Private arrangements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the administration of the Department.

Helping In Steps To Recover Unsettled Child Support In Belgrave

We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable 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 spouse at the global airport gate terminal.

Assisting you to change the Department examined child support amount to better match your individual situations.

Evaluations are prepared by the Department based on a standard formula, but can be changed under different circumstances (up or down) based upon factors such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other situations also use. The modification of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.

Belgrave Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially as ‘pre-nups’) are not for everybody, however 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 essentially permits a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a substantial sum of money, including the costs associated 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 Belgrave seeking to finalise their commitments 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 commitments.

Family Violence

Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for kids.

The traditional meaning 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 individual and causes them to fear for their safety or wellbeing.

Many people in Belgrave may now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or 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 determined in the Family Court alongside married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine domestic basis for a minimum of 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 Belgrave.

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

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