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Custody Lawyers Thomastown VIC

Custody Lawyers Thomastown Divorce And Separation Lawyers In Thomastown

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

It is possible for a couple in Thomastown to be separated but to continue residing in the very same house throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof 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 give a divorce if it is satisfied that appropriate plans have actually been made for them.

Divorce procedures are performed completely separately from other proceedings between the couple and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they must make an application for a divorce.

It is essential to be mindful that proceedings for property settlement and spousal maintenance need to 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 challenging to get.

Child Support

You don’t require us to tell you exactly what child assistance is or to get a basic concept of what your responsibility (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 calculate child support can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and assist you to strategically plan your child support arrangements and obligations for the future to ensure the best possible plan is in place provided your and the other parents scenarios. Call us 1300 241 740 now if you need a custody lawyer Thomastown.

Some areas that Our Family Law Thomastown can assist you with include:

Advising you regarding your options regarding child support which may include organizing a personal child assistance agreement, in either a minimal or binding child assistance agreement.

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

Helping In Steps To Recover Unpaid Child Assistance In Thomastown

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 personal recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.

Helping you to alter the Department assessed child support amount to much better match your individual circumstances.

Assessments are prepared by the Department based on a basic formula, but can be modified under various circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other scenarios also use. The modification of evaluation process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Thomastown 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 permits a private arrangement 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 litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Thomastown looking for to settle their responsibilities 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 finalise spousal maintenance obligations.

Family Violence

Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now encompasses a much wider scope of behaviours such as:

  •  emotional and psychological abuse
  • economic 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 individuals in Thomastown might now be shocked to find that domestic violence orders can be made if an individual 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 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 identified in the Family Court together with married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually 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 Thomastown.

De facto partners must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial backing, in very much the same way as a couple.

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