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Custody Lawyers Tongala VIC

Custody Lawyers Tongala Divorce And Separation Lawyers In Tongala

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability 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 actually 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 till the parties have been separated for twelve months and one day.

It is possible for a couple in Tongala to be separated but to continue residing in the exact same house throughout the twelve months, which is called ‘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 only approve a divorce if it is satisfied that appropriate arrangements have actually been made for them.

Divorce procedures are conducted completely individually from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they need to make an application for a divorce.

It is necessary to be conscious that procedures for property settlement and spousal maintenance should 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 obtain.

Child Support

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

There is a quick children assistance estimator on the site 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 support can be a complex and painful minefield. We can assist you with a few of the lower known areas and complexities, and help you to strategically plan your child support plans and responsibilities for the future to guarantee the best possible arrangement is in place offered your and the other moms and dads situations. Call us 1300 241 740 today if you need a custody lawyer Tongala.

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

Advising you as to your options regarding child support which might include setting up a private child assistance agreement, in either a restricted or binding child support agreement.

Personal arrangements offer certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable higher versatility in the method 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 deal with the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Tongala

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

Assisting you to modify the Department examined child support amount to better match your specific situations.

Evaluations are prepared by the Department based on a basic formula, however can be changed under various circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other circumstances also use. The change of evaluation process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.

Tongala Pre-nuptials And Financial Agreements

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

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 basically allows a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.

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

Family Violence

Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses a much larger 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 security or wellbeing.

Lots of people in Tongala might now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or web 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 along with couples.

Regardless 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Tongala.

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

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