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Parenting Orders: Who can claim?

At the time of divorce, having a good parenting plan and arrangement is utmost important as the court considers the child care and provision strictly and may hold the divorce decree.As mentioned in www.familycourt.gov.au , a parenting order is a set of orders made by a court about parenting arrangements for a child. A court can make a parenting order based on an agreement between the parties (consent orders) or after a court hearing or trial. When a parenting order is made, each person affected by the order must follow it.A parenting order may deal with one or more of...

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Handle your separation confidently, empower yourself!

A call for separation from any or both partners is disheartening indeed. But what is more threatening is the uncertainty it brings to the whole family. Number of questions start doing the rounds in your head; how to handle it? What is my financial status? How am I going to provide to myself and my family? How to go about it? How much will all this cost? How am I supposed to arrange money for divorce process? and so on.Yes! Separation and an evident divorce further, can blow your head but stay your grounds and try mulling over these pointers...

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Child Support: Who is the Winner?

Child Support is an amount, either agreed by both the parents of the child by entering an agreement or estimated by Child Support Agency, that is to be provided for child care and support post-divorce.Child Support amount is calculated based on both the parents’ income, age of the child and care arrangements. And varies case to case basis. Co-parenting plans and each parent’s contribution in terms of finances and time sharing with respect to upbringing of children are important factors in deciding child support amount.The parents’ share in the total income decides their share of child support. The child support...

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Lottery Win: Is it up for grabs of your ex?

Generally, the capital gains or a windfall is considered in the asset pool to divide among the couples. However, there are lot of factors a judge considers before deciding what comprises joint asset pool and what remains in the sole ownership of a spouse.If any windfall gain like dividend payouts or lotter win has application of money from joint source or the other spouse, it is shared between the separating spouses, in general contention; but, largely the ruling takes into account the financial lives of the separating couples. That is, how they run their household, how expenses are shared, who...

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Can Superannuation be split between same sex couples?

Altering the legal status of same sex couples on par with married couples is a long-standing demand from the LGBTI community and the human rights activists. Socially, the scene is no more an alien thought.As per the law, same sex couples are treated to be in de facto relationship extending almost all rights as in marriage relation. Adoption rights too are given to same sex couples in all the states except Northern Territory of Australia.According to laws governing superannuation fund, any spouse / partner can claim share in the superannuation as a part of settlement in case of separation or divorce...

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How to Find a Family Lawyer?

Family lawyers can be sought to help you with your divorce process, property settlement, child care, family violence, juvenile matters, spousal maintenance, preparing prenuptial agreements etc. You can seek their expert services in any family law disputes.You can ask your family and friends to refer you a competent family law specialist in Melbourne, research yourself about a good family lawyer in your area, visit their website and check their expertise area. Alternately, you can call Family Relationships Advice Line (1800 050 321) for free legal information and advice.There are so many family law firms in Melbourne, but how to decide...

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Property Settlement Process in Melbourne

Either you are applying in the family court or entering a binding financial agreement, you have to plan these four steps for property settlement:Create and list marriage asset poolIt includes all the property and debts brought in before marriage and acquired during marriage and separation. Those financial resources which are directly or indirectly controlled by either or both the partners should also be included in the asset pool for valuation.Assets are: real estate, family home, money, investments, superannuation, share-holdings, vehicles, furniture, inheritances, jewelry, profits from trust/business enterprise etc.Debts (money owed too is considered in asset pool) are: loans, mortgages,...

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Who Is Entitled To Superannuation?

Superannuation is a compulsory pension plan introduced by Australian federal government and managed by superannuation fund trust. To be eligible for superannuation,You should be over 18 years Your monthly salary should be equal to or more than $450 (before tax) You are working part / full time or on casual basisEven if you are temporary resident of Australia, you are entitled for superannuation, unless your contract of employment states otherwise.Your employer must contribute 9.5% of your salary to your superannuation savings account if you are eligible.The funds from superannuation account cannot be withdrawn until you reach 60-65 years of...

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Why Mediation Can Be Better Than Going to Court?

Family dispute resolution services are also called as Mediation. It is an option for out of court settlements. An independent mediator facilitates the discussion between warring partners. Privacy and confidentiality are the key characteristics of mediation service. The mediator listens to both the parties in private and sometimes together to discuss the options.Mediation can be sought in issues like property settlement, superannuation splitting, child care and support, spousal maintenance etc. Many a times mediation helps in amicable resolution of disputes without having to go to court. Why mediation? Here are the advantages:Control: Both the spouses can raise their concern and...

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