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Restraining Order Colac West VIC

Restraining Order Colac West Divorce And Separation Lawyers In Colac West

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to grant 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 must has been separated for a minimum of twelve months and one day. This means a person can not request divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Colac West to be separated but to continue residing in the 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 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 just give a divorce if it is satisfied that correct plans have been made for them.

Divorce procedures are conducted entirely individually from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they should request a divorce.

It is very important to be conscious that proceedings for property settlement and spousal maintenance should be begun 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 get.

Our Lawyers also provides legal advice on family violence matters and restraining orders Colac West. Call us now for an appointment.

Child Support

You don’t require us to tell you what child support is or to get a general concept of what your obligation (or entitlement) will be.

There is a quick children assistance 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 assistance can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and intricacies, and assist you to strategically plan your child support plans and obligations for the future to ensure the best possible plan remains in place given your and the other moms and dads scenarios.

Some areas that Our Family Law Colac West can help you with include:

Advising you regarding your options concerning child assistance which might consist of arranging a personal child support agreement, in either a limited or binding child support arrangement.

Private agreements supply certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable higher versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Support In Colac West

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 spouse at the international airport gate terminal.

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

Assessments are prepared by the Department based upon a basic formula, but can be altered under different circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is income poor but ‘asset rich’, etc. Other scenarios also apply. The modification of assessment procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Colac West Pre-nuptials And Financial Agreements

Monetary agreements (likewise known informally as ‘pre-nups’) are not for everyone, 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 basically enables a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable sum of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Colac West seeking to finalise 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 monetary agreement can permanently finalise spousal maintenance obligations.

Family Violence

Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however 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 assault) was expanded 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 causes them to fear for their safety or wellbeing.

Many individuals in Colac West might now be shocked to discover 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 e-mail account or 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 determined in the Family Court together with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 Colac West.

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

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Birdsey Dedman & Bartlett
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Phone:
166a Ryrie St, Geelong Victoria 3220, Australia

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