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Custody Lawyers Waitchie VIC

Custody Lawyers Waitchie Divorce And Separation Lawyers In Waitchie

Australian Law operates on the principle of no-fault divorce. This implies 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 needs to has been separated for a minimum of twelve months and one day. This implies an individual can not make an application for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Waitchie to be separated but to continue residing in the 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 prove to the Court that they were separated during this time.

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

Divorce proceedings are conducted entirely individually from other proceedings 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 any other aspect of the marital relationship breakdown. However 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 need to be begun 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 do not need us to tell you what child support is or to get a basic concept of what your responsibility (or entitlement) will be.

There is a fast children support estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.

Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and complexities, and assist you to strategically plan your child support arrangements and responsibilities for the future to ensure the very best possible plan remains in place provided your and the other moms and dads circumstances. Call us 1300 241 740 today if you need a custody lawyer Waitchie.

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

Advising you as to your alternatives regarding child assistance which may consist of organizing a personal child support agreement, in either a restricted or binding child assistance arrangement.

Private agreements provide certainty for both parents for a longer period of time (no continual 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 expenses in part or in lieu), and remove the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Support In Waitchie

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

Helping you to alter the Department evaluated child support amount to much better suit your individual situations.

Assessments are prepared by the Department based on a basic formula, however can be changed under various circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Waitchie Pre-nuptials And Financial Agreements

Monetary arrangements (also known colloquially 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 essentially permits a private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a considerable sum of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Waitchie looking for to finalise 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 completely settle spousal maintenance responsibilities.

Family Violence

Family violence (likewise called 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 figuring out future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates 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 people in Waitchie might now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail account or web browser history.

De Facto Relationships

In March 2009 a brand-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 together with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together 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 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 Waitchie.

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

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