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Custody Lawyers Warrenmang VIC

Custody Lawyers Warrenmang Divorce And Separation Lawyers In Warrenmang

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 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 needs to has been separated for a minimum of twelve months and one day. This implies a person can not apply for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Warrenmang to be separated however 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 during this time.

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

Divorce proceedings are conducted entirely individually from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must apply for a divorce.

It is necessary to be conscious that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to obtain.

Child Support

You don’t require us to tell you what child support is or to get a general idea of what your obligation (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.

However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and assist you to strategically plan your child support plans and obligations for the future to ensure the very best possible arrangement is in place provided your and the other moms and dads situations. Call us 1300 241 740 now if you need a custody lawyer Warrenmang.

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

Advising you regarding your alternatives relating to child assistance which may include organizing a personal child assistance agreement, in either a limited or binding child assistance arrangement.

Personal agreements offer 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 remove the need to handle the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Warrenmang

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

Assisting you to alter the Department examined child assistance amount to better suit your specific situations.

Assessments are prepared by the Department based on a basic formula, but can be altered under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other circumstances also use. The modification of assessment process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.

Warrenmang Pre-nuptials And Financial Agreements

Financial arrangements (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 essentially 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 connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Warrenmang looking for to finalise their commitments 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 financial agreement can permanently settle spousal maintenance responsibilities.

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 provide protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual abuse) 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 triggers them to fear for their security or wellbeing.

Lots of people in Warrenmang might 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 messages, monitoring their e-mail account or 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 determined in the Family Court along with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 Warrenmang.

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

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