Divorce And Separation Lawyers In Waurn Ponds
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. 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 suggests a person can not make an application for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Waurn Ponds to be separated however to continue residing in the exact same house during 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 show to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that proper plans have actually been made for them.
Divorce procedures are performed totally separately from other proceedings in 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 marriage breakdown. However if either party to the marriage wants to re-marry they should request a divorce.
It is essential 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 difficult to obtain.
You don’t need us to inform you what child support is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a quick children support 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 calculate child assistance can be a complex and painful minefield. We can assist you with some of the lesser known areas and intricacies, and help you to tactically prepare your child support arrangements and responsibilities for the future to make sure the very best possible arrangement remains in place given your and the other moms and dads situations. Call us 1300 241 740 now if you need a custody lawyer Waurn Ponds.
Some areas that Our Family Law Waurn Ponds can help you with include:
Advising you as to your options relating to child support which might include arranging a private child support agreement, in either a restricted or binding child assistance arrangement.
Personal arrangements supply certainty for both moms and dads for a longer amount of time (no continuous 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 get rid of the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Waurn Ponds
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 private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to alter the Department evaluated child assistance amount to much better suit your specific situations.
Assessments are prepared by the Department based upon a basic formula, however can be altered under different circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other scenarios also use. The modification of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Waurn Ponds Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everybody, nevertheless 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 personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Waurn Ponds seeking 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 permanently settle spousal maintenance commitments.
Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide 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 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.
Many people in Waurn Ponds may 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, 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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) are considered to be a legal entity for the purpose of family law Waurn Ponds.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a couple.