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Custody Lawyers Victoria Valley VIC

Custody Lawyers Victoria Valley Divorce And Separation Lawyers In Victoria Valley

Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out 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 broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This suggests a person can not apply for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Victoria Valley to be separated but to continue living in the exact same house during 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 throughout this time.

If there are kids 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 procedures are conducted completely separately from other proceedings between the couple and there is no commitment on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marriage 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 conscious that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to get.

Child Support

You don’t need us to tell you exactly what child support is or to get a basic concept of what your obligation (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.

Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help you with some of the lower recognized areas and intricacies, and assist you to tactically prepare your child support arrangements and commitments for the future to make sure 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 Victoria Valley.

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

Advising you regarding your alternatives concerning child support which may consist of organizing a private child support arrangement, in either a limited or binding child assistance arrangement.

Private agreements supply certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct financing 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 administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Victoria Valley

We can help in converting the unpaid amount from a Commonwealth debt to a private 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 spouse at the global airport gate terminal.

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

Evaluations are prepared by the Department based upon a standard formula, but can be modified under different situations (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other situations also apply. The change of evaluation process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Victoria Valley Pre-nuptials And Financial Agreements

Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, 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 basically allows a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a significant amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Victoria Valley seeking 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 permanently settle spousal maintenance obligations.

Family Violence

Family violence (also known 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, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.

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

  •  emotional and psychological abuse
  • economic abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.

Lots of people in Victoria Valley may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their email account or internet 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 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 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 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 Victoria Valley.

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

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