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Restraining Order Castlemaine VIC

Restraining Order Castlemaine Divorce And Separation Lawyers In Castlemaine

Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. 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 suggests an individual 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 Castlemaine to be separated however to continue living in the exact 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 during this time.

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

Divorce proceedings are conducted entirely separately from other proceedings 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 other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they should make an application for a divorce.

It is essential to be mindful that procedures for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to acquire.

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

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 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 assist you with a few of the lesser known areas and intricacies, and assist you to strategically prepare your child support arrangements and obligations for the future to guarantee the very best possible plan is in place offered your and the other parents situations.

Some areas that Our Family Law Castlemaine can help you with consist of:

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

Personal arrangements supply certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable greater versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to deal with the administration of the Department.

Assisting In Steps To Recover Unsettled Child Support In Castlemaine

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

Assisting you to alter the Department assessed child support amount to better suit your specific circumstances.

Evaluations are prepared by the Department based on a basic formula, but can be modified under different situations (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 additional extracurricular costs), if a kid has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other situations also apply. The modification of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Castlemaine Pre-nuptials And Financial Agreements

Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, 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 essentially allows a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a substantial amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Castlemaine 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 financial agreement can completely finalise spousal maintenance responsibilities.

Family Violence

Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes a much larger scope of behaviours such as:

  •  emotional and psychological abuse
  • economic 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 Castlemaine may now be surprised to find 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 email 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 together with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually 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) are thought about to be a legal entity for the purpose of family law Castlemaine.

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

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Callea Pearce Lawyers
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8 Gell St, Bacchus Marsh Victoria 3340, Australia

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