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Restraining Order Hampton Park VIC

Restraining Order Hampton Park Divorce And Separation Lawyers In Hampton Park

Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marriage 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 marriage has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This implies 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 Hampton Park to be separated but to continue residing in the same home throughout 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 only give a divorce if it is satisfied that correct arrangements have been made for them.

Divorce procedures are carried out totally individually from other proceedings in between the husband and wife and there is no responsibility on a party to commence 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 make an application for a divorce.

It is very important to be conscious that proceedings for property settlement and spousal maintenance need to 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 Hampton Park. Call us now for an appointment.

Child Support

You don’t need us to inform 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.

However, 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 lesser known areas and intricacies, and assist you to tactically prepare your child support plans and commitments for the future to ensure the very best possible plan is in place offered your and the other moms and dads scenarios.

Some areas that Our Family Law Hampton Park can help you with consist of:

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

Personal agreements supply certainty for both moms and dads for a longer time period (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 eliminate the need to deal with the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Hampton Park

We can assist 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 steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.

Assisting you to alter the Department examined child assistance amount to better match your specific circumstances.

Assessments are prepared by the Department based upon a basic formula, however can be altered 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 additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other scenarios also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Hampton Park Pre-nuptials And Financial Agreements

Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, 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 agreement can save a significant sum of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Hampton Park seeking to settle their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding 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 referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, but 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 definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now incorporates a much broader scope of behaviours such as:

  •  emotional and psychological abuse
  • financial 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 Hampton Park might now be shocked to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their email account or internet 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 determined in the Family Court together with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Hampton Park.

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

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