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Custody Lawyers Watsons Creek VIC

Custody Lawyers Watsons Creek Divorce And Separation Lawyers In Watsons Creek

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies a person can not make an application for divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Watsons Creek to be separated but to continue living in the same house during the twelve months, which is known as ‘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 children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper plans have been made for them.

Divorce proceedings are carried out completely individually from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they must make an application for a divorce.

It is important to be mindful that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to get.

Child Support

You don’t require us to tell you exactly what child support is or to get a general idea of what your responsibility (or entitlement) will be.

There is a quick children assistance estimator on the site of the Department of Human Services Child Assistance (” 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 a few of the lower known areas and intricacies, and assist you to strategically plan your child support plans and commitments for the future to ensure the very best possible arrangement remains in place given your and the other moms and dads scenarios. Call us 1300 241 740 now if you need a custody lawyer Watsons Creek.

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

Advising you regarding your choices regarding child assistance which may include organizing a private child support arrangement, in either a minimal or binding child assistance arrangement.

Private agreements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility in the approach 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 administration of the Department.

Assisting In Steps To Recover Unsettled Child Support In Watsons Creek

We can assist 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 actions such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.

Helping you to modify the Department evaluated child assistance amount to better suit your individual circumstances.

Assessments are prepared by the Department based upon a basic formula, however can be changed under different situations (up or down) based on factors such as the cost 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 needs, if a parent is earnings poor but ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Watsons Creek Pre-nuptials And Financial Agreements

Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, however they can be useful:

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 participation of the Family Court. For that reason having such an arrangement can save a significant amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Watsons Creek looking for to settle 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 permanently finalise spousal maintenance obligations.

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 protection 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 kids.

The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now includes 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 Watsons Creek may now be surprised 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 e-mail account or internet 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 along with married couples.

Regardless of 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 thought about to be a legal entity for the purpose of family law Watsons Creek.

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

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