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Restraining Order Glenpatrick VIC

Restraining Order Glenpatrick Divorce And Separation Lawyers In Glenpatrick

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marriage. 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 a person can not make an application for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Glenpatrick to be separated but to continue living in the exact same house throughout the twelve months, which is called ‘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 grant a divorce if it is satisfied that correct plans have actually been made for them.

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

It is important to be aware that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this duration 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 Glenpatrick. Call us now for a consultation.

Child Support

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

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

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

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

Private agreements provide certainty for both parents for a longer time period (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 costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Glenpatrick

We can help in converting the unpaid amount from a Commonwealth debt to a private 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.

Helping you to modify the Department assessed child assistance amount to better suit your specific situations.

Assessments are prepared by the Department based upon a basic formula, but can be modified under different circumstances (up or down) based on aspects such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also apply. The modification of assessment process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Glenpatrick Pre-nuptials And Financial Agreements

Monetary arrangements (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 enables a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the costs 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 Glenpatrick seeking 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 monetary agreement can permanently finalise spousal maintenance commitments.

Family Violence

Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection 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 kids.

The traditional meaning of domestic violence (physical and sexual assault) was widened 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 people in Glenpatrick may now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email 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 alongside married couples.

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

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 support, in very much the same way as a couple.

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