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Custody Lawyers Taylor Bay VIC

Custody Lawyers Taylor Bay Divorce And Separation Lawyers In Taylor Bay

Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This means an individual can not request divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Taylor Bay to be separated however to continue residing in the same home during the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated during 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 arrangements have been made for them.

Divorce proceedings are conducted entirely individually from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they should apply for a divorce.

It is very important to be mindful that procedures for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to acquire.

Child Support

You do not require us to tell you exactly what child assistance is or to get a basic concept of what your commitment (or entitlement) will be.

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

Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with some of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to ensure the very best possible plan remains in place given your and the other parents situations. Call us 1300 241 740 now if you need a custody lawyer Taylor Bay.

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

Advising you as to your choices regarding child assistance which may include setting up a personal child support arrangement, in either a restricted or binding child support agreement.

Private arrangements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable greater versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the administration of the Department.

Helping In Steps To Recover Unpaid Child Support In Taylor Bay

We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the international airport gate terminal.

Assisting you to alter the Department evaluated child assistance amount to much better suit your individual situations.

Assessments are prepared by the Department based upon a standard formula, but can be altered under various situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or extra extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also apply. The modification of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Taylor Bay Pre-nuptials And Financial Agreements

Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be helpful:

As a risk management tool for couples seeking to pre-arrange how they will divide their property if they separate at a later time, it generally enables a personal agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a substantial amount of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Taylor Bay looking for to settle their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can permanently settle spousal maintenance commitments.

Family Violence

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

The traditional definition 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 psychological abuse
  • financial abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another person and triggers them to fear for their safety or wellbeing.

Many people in Taylor Bay might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email account or web browser history.

De Facto Relationships

In March 2009 a brand-new day dawned for de facto relationships, provided 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 alongside married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real domestic basis for at least 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Taylor Bay.

De facto spouses should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial support, in very much the same way as a married couple.

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