Family Law Solicitors Southbank Vic

Divorce And Separation Advice In Southbank

divorce lawyer SouthbankAustralian Law operates on the principle of no-fault divorce. This indicates that a court does not consider 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 needs to has been separated for at least twelve months and one day. This suggests an individual can not request divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple to be separated in Southbankhowever to continue residing in the exact same home during the twelve months, which is referred to as ‘separation under the one roofing system’. If the couple is separated under the one roofing system they have 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 grant a divorce if it is satisfied that proper plans have actually been made for them.

Divorce procedures are performed completely independently from other proceedings between the couple and there is no responsibility on a party to commence divorce procedures prior to doing something about it in relation to any other element of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they should look for a divorce.

It is essential to be conscious that proceedings for residential settlement and spousal maintenance should be begun 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 obtain.

Child Support Assistance In Southbank

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

There is a fast children support 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 determine child assistance can be a complex and agonizing minefield. We can help you with a few of the lesser known areas and intricacies, and assist you to strategically plan your child support arrangements and commitments for the future to ensure the very best possible plan is in place provided your and the other parents circumstances.

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

Recommending you as to your choices regarding child support which might consist of arranging a personal child support agreement, in either a minimal or binding child assistance agreement

Personal arrangements provide certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct financing in routine or lump sums, or payment of instructional, medical and extracurricular costs in part or in lieu), and remove the need to handle the bureaucracy of the Department.

Helping in steps to recover overdue kid support

We can help in transforming the unsettled amount from a Commonwealth debt to a personal financial obligation to enable you to side step the Department and pursue personal recovery litigation through the Court or more major actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.

Helping you to alter the Department assessed child assistance total up to much better match your specific circumstances.

Assessments are prepared by the Department based upon a basic formula, however can be modified under different situations (up or down) based upon factors such as the expense of keeping the child in the method the parents meant (e.g.: personal education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other circumstances likewise use. The modification of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Pre-nuptials And Financial Agreements Advice In Southbank

Monetary contracts (likewise known informally as ‘pre-nups’) are not for everybody, however they can be beneficial:

As a risk management tool for couples seeking to pre-arrange how they will divide their home in Southbank if they separate at a later time, it essentially permits a personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such a contract can conserve a significant sum of money, consisting of the expenses associated with home settlement negotiations or litigation if the parties different. It can be compared with income defense insurance coverage 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 agreement regarding a home settlement). Unlike court orders in the context of spousal upkeep, a monetary agreement can completely settle spousal maintenance obligations.

Family Violence

Household violence (likewise referred to as domestic violence) is taken extremely seriously by the Courts, not just are orders readily available (in the Magistrates Court) to provide defense to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting plans for children.

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

— emotional and mental abuse

— economic abuse

— threatening behaviour

— behaviour which is coercive

— behaviour which manages or dominates another individual and triggers them to fear for their security or health and wellbeing.

Lots of people in Southbank might 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 internet browser history.

De Facto Relationships

family law SouthbankIn 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 actually 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 home of the other or the well-being of the family) are considered to be a legal entity for the purpose of household law.

De facto spouses should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of home and financial backing, in quite the same way as a married couple.