Family Law Solicitors Clifton Hill Vic

Divorce And Separation Advice In Clifton Hill

divorce lawyer Clifton HillAustralian Law operates on the concept of no-fault divorce. This suggests that a court does not consider why the marital relationship ended. The Court is able to grant 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 at least twelve months and one day. This indicates an individual can not apply for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple to be separated in Clifton Hillhowever to continue residing in the exact same house throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roofing 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 grant a divorce if it is pleased that correct plans have been made for them.

Divorce procedures are conducted entirely individually from other proceedings in between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to doing something about it in relation to other element of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to make an application for a divorce.

It is important to be mindful that procedures for home settlement and spousal upkeep must be commenced 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.

Child Support Assistance In Clifton Hill

You do not need us to inform you what child assistance is or to get a general idea of exactly what your obligation (or entitlement) will be.

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

Nevertheless, the child support system and the formula used to determine child support can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and assist you to strategically plan your child support arrangements and commitments for the future to guarantee the very best possible arrangement is in place given your and the other moms and dads circumstances.

Some areas that Our Family Law can assist you with consist of:

Advising you regarding your alternatives relating to child support which might consist of arranging a private child support agreement, in either a minimal or binding child assistance agreement

Private arrangements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of academic, medical and extracurricular costs in part or in lieu), and remove the need to deal with the bureaucracy of the Department.

Assisting in steps to recover unsettled kid support

We can assist in transforming the overdue amount from a Commonwealth financial obligation to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more major steps such as recovering the debt from a recalcitrant partner at the worldwide airport gate terminal.

Helping you to alter the Department assessed child assistance amount to better match your individual situations.

Assessments are prepared by the Department based on a basic formula, but can be changed under various circumstances (up or down) based on aspects such as the cost of keeping the child in the method the parents intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other situations likewise apply. The modification of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Pre-nuptials And Financial Agreements Advice In Clifton Hill

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

As a danger management tool for couples seeking to pre-arrange how they will divide their residential in Clifton Hill if they separate at a later time, it basically enables a private contract to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can conserve a considerable amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income security insurance or life insurance.
For separated couples seeking to finalise their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a residential settlement). Unlike court orders in the context of spousal maintenance, a monetary arrangement can completely settle spousal upkeep commitments.

Family Violence

Family violence (also called domestic violence) is taken extremely seriously by the Courts, not just are orders readily available (in the Magistrates Court) to provide protection to the victim, however 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 standard meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much wider scope of behaviours such as:

— emotional and mental abuse

— financial abuse

— threatening behaviour

— behaviour which is coercive

— behaviour which manages or dominates another individual and causes them to fear for their safety or wellness.

Many people in Clifton Hill may now be shocked to find 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 messages, monitoring their e-mail account or web web browser history.

De Facto Relationships

family law Clifton HillIn 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 maintenance determined in the Family Court along with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real domestic basis for a minimum of 2 years (or less if they have a kid, 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 thought about to be a legal entity for the purpose of household law.

De facto partners need to not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of home and financial backing, in very much the same way as a couple.