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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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Family Law De Facto Property Settlement Melbourne

The new Commonwealth Law for de facto partners applies to couple separated after 1st March 2009 and enforced from 1st July 2010. This pathbreaking law puts domestic issues faced by de facto partners like separation, property sharing, spousal maintenance, child care into Family Law Act of 1975. This law gives equal rights to de facto relationships as legally married couple in Australia. Under this law, the de facto partners can approach Federal Circuit Court and Family Courts of Australia for above-mentioned redressals.As per the law, the following eligibility criteria must be met before making claim for spousal maintenance and property...

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How Long Does a Divorce Take in Melbourne?

Mutual divorce application / Joint applicationThe overall divorce process from application to final should take around 10-12 weeks i.e., 2.5 month – 3 months in Melbourne, if your divorce case is straight forward, where:Both parties consent to the divorce Both parties are residing in Australia You have been separated for 12 months 1 day You have no children or if there are any under 18, you have taken adequate care for their support You are married for at least 2 years.Once the divorce application is ready, both the partners should sign the copies of the application and...

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