Child Custody The Pines Vic

Divorce And Separation Advice In The Pines

divorce lawyer The PinesAustralian 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 approve a divorce if there has been an irretrievable breakdown of marriage. In order to please 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 suggests a person can not request divorce until the parties have been separated for twelve months and one day.

It is possible for a couple to be separated in The Pineshowever to continue living in the exact same house throughout the twelve months, which is known as ‘separation under the one roofing’. If the couple is separated under the one roofing they have 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 correct plans have actually been produced them.

Divorce proceedings are conducted entirely independently from other proceedings in between the husband and wife and there is no obligation on a party to start divorce proceedings prior to taking action in relation to other element of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to obtain a divorce.

It is necessary to be conscious that procedures for home settlement and spousal upkeep should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to obtain.

Child Support Assistance In The Pines

You don’t require us to tell you exactly what child assistance is or to get a general concept of exactly what your obligation (or entitlement) will be.

There is a quick children support estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.

However, the child support system and the formula used to calculate child assistance can be a complex and unpleasant minefield. We can assist you with some of the lesser known areas and complexities, and help you to tactically plan your child support arrangements and obligations for the future to guarantee the best possible plan remains in place given your and the other moms and dads scenarios.

Some areas that Our Family Law can assist you with include:

Advising you as to your alternatives regarding child support which might consist of organizing a private child assistance arrangement, in either a limited or binding child support agreement

Private arrangements offer certainty for both parents for a longer time period (no consistent reassessments each year or more), allow higher flexibility in the method of payment (direct financing in routine or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the have to deal with the administration of the Department.

Assisting in steps to recover overdue kid assistance

We can assist in converting the unpaid amount from a Commonwealth financial obligation to a personal financial obligation to allow 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 partner at the international airport gate terminal.

Helping you to change the Department assessed child support amount to much better fit your specific situations.

Assessments are prepared by the Department based on a standard formula, however can be changed under various situations (up or down) based upon aspects such as the cost of keeping the child in the method the parents intended (e.g.: personal education or additional extracurricular costs), if a kid has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other circumstances also apply. The change of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Pre-nuptials And Financial Agreements Advice In The Pines

Financial contracts (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be useful:

As a risk management tool for couples seeking to pre-arrange how they will divide their property in The Pines if they separate at a later time, it basically enables a private agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such a contract can conserve a considerable sum of money, consisting of the expenses associated with home settlement negotiations or litigation if the parties different. It can be compared to income security insurance or life insurance.
For separated couples seeking to finalise their responsibilities to each other in the context of spousal upkeep (and in conjunction with a Court ordered arrangement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely finalise spousal maintenance responsibilities.

Family Violence

Family violence (also referred to as domestic violence) is taken really seriously by the Courts, not only are orders readily available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into factor to consider when figuring out future parenting arrangements for children.

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

— psychological 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.

Lots of people in The Pines might now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet browser history.

De Facto Relationships

family law The PinesIn March 2009 a new day dawned for de facto relationships, offered the couple separated after 1 March 2009, they were entitled to have their claim for a residential or commercial property settlement and spousal upkeep identified in the Family Court together with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 well-being of the family unit) are considered to be a legal entity for the purpose of family law.

De facto spouses ought to not fear that they should leave empty handed from a relationship. The Family Law Act makes unique arrangement for the adjustment of property and financial support, in quite the same way as a married couple.