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Custody Lawyers Wairewa VIC

Custody Lawyers Wairewa Divorce And Separation Lawyers In Wairewa

Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability 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 a minimum of twelve months and one day. This suggests an individual can not apply for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Wairewa to be separated but to continue residing in the same house during 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 during this time.

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

Divorce proceedings are conducted totally individually from other proceedings in between the husband and wife and there is no obligation on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they should request a divorce.

It is very important to be aware that procedures for property settlement and spousal maintenance should 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 hard to acquire.

Child Support

You don’t need us to inform you what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.

There is a quick children assistance 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 calculate child assistance can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to guarantee the very best possible arrangement remains in place provided your and the other moms and dads circumstances. Call us 1300 241 740 now if you need a custody lawyer Wairewa.

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

Advising you as to your choices regarding child assistance which might consist of setting up a private child support arrangement, in either a minimal or binding child support agreement.

Personal agreements provide certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher versatility 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 get rid of the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Support In Wairewa

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

Assisting you to modify the Department assessed child support amount to much better match your individual circumstances.

Assessments 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 cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also apply. The change of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.

Wairewa Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 essentially enables a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a significant sum of money, including the costs connected 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 Wairewa looking for to finalise their obligations 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 monetary agreement can completely settle spousal maintenance responsibilities.

Family Violence

Family violence (likewise 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 accusations of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now includes a much larger 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.

Lots of people in Wairewa may now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes 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 property settlement and spousal maintenance determined in the Family Court along with married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine 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 Wairewa.

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 modification of property and financial backing, in very much the same way as a married couple.

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