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Restraining Order Eagle Point VIC

Restraining Order Eagle Point Divorce And Separation Lawyers In Eagle Point

Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates a person 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 Eagle Point to be separated but to continue living in the exact same home throughout the twelve months, which is referred to 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 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 proper plans have been made for them.

Divorce procedures are performed entirely separately from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they must apply for a divorce.

It is essential to be conscious that procedures for property settlement and spousal maintenance must 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 tough to obtain.

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

Child Support

You do not need us to inform you exactly what child assistance is or to get a basic concept 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 support can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and help you to strategically plan your child support arrangements and commitments for the future to guarantee the very best possible arrangement remains in place provided your and the other moms and dads circumstances.

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

Advising you regarding your choices regarding child assistance which may include arranging a private child assistance arrangement, in either a minimal or binding child support agreement.

Personal arrangements offer certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable higher flexibility in the method 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.

Helping In Steps To Recover Unsettled Child Assistance In Eagle Point

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 worldwide airport gate terminal.

Assisting you to alter the Department evaluated child assistance amount to better suit your individual circumstances.

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

Eagle Point Pre-nuptials And Financial Agreements

Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, however 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 essentially allows a personal arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable amount of money, including 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 Eagle Point 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 completely settle spousal maintenance commitments.

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 provide security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates a much wider scope of behaviours such as:

  •  emotional and psychological abuse
  • economic abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another person and causes them to fear for their security or wellbeing.

Lots of people in Eagle Point might now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 alongside married couples.

Despite 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 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 Eagle Point.

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 modification of residential or commercial property and financial backing, in very much the same way as a married couple.

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