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Custody Lawyers Tottenham VIC

Custody Lawyers Tottenham Divorce And Separation Lawyers In Tottenham

Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court is able to give 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 must has been separated for a minimum of twelve months and one day. This suggests a person can not request divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Tottenham to be separated however to continue living in the exact same house during the twelve months, which is known 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 kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that correct plans have actually been made for them.

Divorce procedures are carried out entirely separately from other proceedings in between the couple and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they need to apply for a divorce.

It is very important to be mindful that procedures for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to obtain.

Child Support

You do not require us to tell you what child support 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.

However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and help you to tactically prepare your child support plans and commitments for the future to ensure the best possible arrangement remains in place given your and the other moms and dads circumstances. Call us 1300 241 740 today if you need a custody lawyer Tottenham.

Some areas that Our Family Law Tottenham can help you with consist of:

Advising you regarding your alternatives concerning child support which might consist of arranging a personal child support agreement, in either a limited or binding child support arrangement.

Personal agreements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater flexibility 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 get rid of the need to deal with the administration of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Tottenham

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

Assisting you to alter the Department evaluated child support amount to better match your specific situations.

Assessments are prepared by the Department based on a standard formula, but can be modified under various situations (up or down) based on factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also use. The change of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Tottenham Pre-nuptials And Financial Agreements

Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everyone, however they can be beneficial:

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 arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Tottenham looking for to settle their obligations 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 permanently settle spousal maintenance commitments.

Family Violence

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

The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now encompasses a much broader 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 causes them to fear for their safety or wellbeing.

Many individuals in Tottenham may now be surprised to discover 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 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 property settlement and spousal maintenance identified in the Family Court alongside married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic domestic basis for a minimum of 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Tottenham.

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

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