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Custody Lawyers Wattle Glen VIC

Custody Lawyers Wattle Glen Divorce And Separation Lawyers In Wattle Glen

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

It is possible for a couple in Wattle Glen to be separated however to continue living in the exact 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 need to show to the Court that they were separated during this time.

If there are kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that correct plans have actually been made for them.

Divorce procedures are conducted totally separately from other proceedings between the couple and there is no responsibility 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 marriage wants to re-marry they should apply for a divorce.

It is essential to be aware that proceedings for property settlement and spousal maintenance must be begun 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 acquire.

Child Support

You do not need us to tell you what child support is or to get a general concept of what your commitment (or entitlement) will be.

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

However, 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 recognized areas and complexities, and assist you to tactically plan your child support plans and commitments for the future to guarantee the very best possible plan is in place provided your and the other parents situations. Call us 1300 241 740 now if you need a custody lawyer Wattle Glen.

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

Advising you as to your alternatives regarding child assistance which may include setting up a private child support arrangement, in either a restricted or binding child support agreement.

Private arrangements supply certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable higher versatility in the approach 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 bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Support In Wattle Glen

We can assist 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 steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Helping you to modify the Department examined child assistance amount to much better suit your individual situations.

Evaluations are prepared by the Department based upon a basic formula, but can be changed under various circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other situations also apply. The modification of evaluation procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Wattle Glen Pre-nuptials And Financial Agreements

Financial 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 generally enables a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a considerable sum of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Wattle Glen seeking 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 completely finalise spousal maintenance responsibilities.

Family Violence

Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now encompasses 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 individual and causes them to fear for their security or wellbeing.

Many people in Wattle Glen might now be shocked to discover 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 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with couples.

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

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

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