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Custody Lawyers Turtons Creek VIC

Custody Lawyers Turtons Creek Divorce And Separation Lawyers In Turtons Creek

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to approve 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 should has been separated for at least twelve months and one day. This means an individual can not apply for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Turtons Creek to be separated however to continue residing in the very same house throughout the twelve months, which is referred to as ‘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 during this time.

If there are kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper plans have actually been made for them.

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

It is necessary to be aware that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to acquire.

Child Support

You don’t need us to tell you exactly what child assistance is or to get a general 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 assistance can be a complex and painful minefield. We can assist you with a few of the lesser 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 provided your and the other parents situations. Call us 1300 241 740 today if you need a custody lawyer Turtons Creek.

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

Advising you as to your choices regarding child assistance which might include organizing a personal child support arrangement, in either a restricted or binding child support arrangement.

Personal agreements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher 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 eliminate the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Turtons Creek

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

Assisting you to modify the Department evaluated child assistance amount to better match your individual circumstances.

Evaluations are prepared by the Department based on a basic formula, however can be modified under various situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other situations also apply. The modification of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Turtons Creek Pre-nuptials And Financial Agreements

Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, nevertheless 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 basically permits a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a significant amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Turtons Creek looking for to settle their responsibilities 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 monetary agreement can completely settle spousal maintenance obligations.

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 allegations of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates 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 individual and triggers them to fear for their security or wellbeing.

Many people in Turtons Creek may now be shocked 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 messages, 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.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Turtons Creek.

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

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