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Restraining Order Clear Lake VIC

Restraining Order Clear Lake Divorce And Separation Lawyers In Clear Lake

Australian Law operates on the principle of no-fault divorce. This indicates 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 marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for at least twelve months and one day. This implies 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 Clear Lake to be separated however to continue living in the exact same home during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated during this time.

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

Divorce proceedings are carried out entirely individually from other proceedings in between the couple and there is no obligation on a party to begin divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to request a divorce.

It is important to be conscious that procedures for property settlement and spousal maintenance should be begun 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 obtain.

Our Lawyers also provides legal advice on family violence matters and restraining orders Clear Lake. Call us today for an appointment.

Child Support

You do not need us to tell you exactly what child assistance is or to get a general concept of what your obligation (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.

Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and complexities, and assist you to tactically prepare your child support plans and responsibilities for the future to make sure the best possible arrangement is in place provided your and the other moms and dads circumstances.

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

Advising you regarding your options concerning child support which may consist of organizing a private child support agreement, in either a restricted or binding child assistance arrangement.

Private agreements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater versatility 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 eliminate the need to deal with the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Clear Lake

We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.

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

Evaluations are prepared by the Department based upon a basic formula, however can be altered under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other circumstances also apply. The change of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.

Clear Lake Pre-nuptials And Financial Agreements

Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 generally enables a personal agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant amount of money, including the costs connected 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 Clear Lake 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 financial agreement can completely settle spousal maintenance responsibilities.

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 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 broadened in late 2012 and now incorporates a much broader 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 triggers them to fear for their safety or wellbeing.

Many individuals in Clear Lake 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 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.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real domestic basis for a minimum of 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 considered to be a legal entity for the purpose of family law Clear Lake.

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

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