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Restraining Order Geelong VIC

Restraining Order Geelong Divorce And Separation Lawyers In Geelong

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 been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual can not make an application for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Geelong to be separated however to continue residing in the same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need 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 just give a divorce if it is satisfied that proper arrangements have been made for them.

Divorce procedures are carried out completely separately from other proceedings between the husband and wife and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they must request a divorce.

It is very important to be conscious that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to get.

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

Child Support

You do not require us to tell you what child assistance is or to get a basic 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.

However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and assist you to tactically prepare your child support arrangements and commitments for the future to guarantee the very best possible plan remains in place provided your and the other parents circumstances.

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

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

Personal arrangements offer certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable higher flexibility 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 deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Geelong

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 steps such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.

Assisting you to modify the Department evaluated child support amount to much better suit your specific circumstances.

Assessments are prepared by the Department based upon a standard formula, but can be modified under various situations (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also apply. The change of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Geelong Pre-nuptials And Financial Agreements

Financial agreements (likewise 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 allows a private arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Geelong seeking to settle 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 monetary agreement can permanently 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 provide protection 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 larger 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 triggers them to fear for their security or wellbeing.

Many individuals in Geelong may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or internet 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 property settlement and spousal maintenance identified in the Family Court alongside married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Geelong.

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

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