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Restraining Order Harcourt North VIC

Restraining Order Harcourt North Divorce And Separation Lawyers In Harcourt North

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider 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 broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies a person can not make an application for divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Harcourt North to be separated however to continue living in the same house during the twelve months, which is known as ‘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 only give a divorce if it is satisfied that appropriate arrangements have actually been made for them.

Divorce proceedings are performed completely separately from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they must apply for a divorce.

It is very important to be conscious that procedures for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to obtain.

Our Lawyers also provides legal advice on family violence matters and restraining orders Harcourt North. Call us now for an appointment.

Child Support

You do not require us to tell you exactly what child support is or to get a general idea of what your commitment (or entitlement) will be.

There is a quick children support 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 lower known areas and complexities, and assist you to strategically prepare your child support arrangements and obligations for the future to make sure the very best possible plan is in place offered your and the other moms and dads situations.

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

Advising you as to your alternatives relating to child assistance which may consist of organizing a private child assistance arrangement, in either a limited or binding child assistance arrangement.

Private agreements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater versatility 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 Harcourt North

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

Helping you to change the Department assessed child assistance amount to much better match your specific situations.

Assessments are prepared by the Department based upon a standard formula, however can be altered under different circumstances (up or down) based on aspects such as the expense of maintaining the kid in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other scenarios also apply. The modification of evaluation procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Harcourt North Pre-nuptials And Financial Agreements

Financial agreements (also known informally as ‘pre-nups’) are not for everyone, 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 generally 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 lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.

For separated couples in Harcourt North seeking to finalise their commitments 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 monetary agreement can permanently finalise 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, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much larger 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 triggers them to fear for their security or wellbeing.

Lots of people in Harcourt North might 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 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 residential or commercial property settlement and spousal maintenance determined in the Family Court along with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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) are considered to be a legal entity for the purpose of family law Harcourt North.

De facto spouses should not fear that they must 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 married couple.

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