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Restraining Order Grey River VIC

Restraining Order Grey River Divorce And Separation Lawyers In Grey River

Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This implies a person can not make an application for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Grey River to be separated but to continue residing in the same house 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 approve a divorce if it is satisfied that correct plans have been made for them.

Divorce procedures are carried out totally individually from other proceedings in between the couple and there is no responsibility on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they should make an application 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 just be made after this period with the approval of the Court, and this is tough to get.

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

Child Support

You don’t need us to inform you exactly what child support is or to get a basic concept of what your responsibility (or entitlement) will be.

There is a fast children assistance estimator on the site 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 known areas and complexities, and help you to strategically plan your child support plans and responsibilities for the future to ensure the best possible plan remains in place offered your and the other moms and dads situations.

Some areas that Our Family Law Grey River can help you with consist of:

Advising you as to your alternatives relating to child assistance which may include organizing a private child support agreement, in either a restricted or binding child support arrangement.

Personal agreements provide certainty for both moms and dads for a longer time period (no continuous 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 expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Grey River

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

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

Evaluations are prepared by the Department based on a standard formula, but can be altered under various circumstances (up or down) based upon factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other scenarios also apply. The change of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Grey River Pre-nuptials And Financial Agreements

Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, however they can be useful:

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 permits a personal arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial amount of money, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Grey River 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 financial agreement can completely settle spousal maintenance responsibilities.

Family Violence

Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for kids.

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

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

Many individuals in Grey River might now be surprised 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 e-mail account or web web 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 identified in the Family Court together with couples.

Regardless of 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 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 Grey River.

De facto spouses should not fear that they should 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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Birdsey Dedman & Bartlett
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166a Ryrie St, Geelong Victoria 3220, Australia

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