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Custody Lawyers Waygara VIC

Custody Lawyers Waygara Divorce And Separation Lawyers In Waygara

Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means a person can not request divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Waygara to be separated but to continue living in the very same house throughout the twelve months, which is called ‘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 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 procedures are carried out completely separately from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they must make an application for a divorce.

It is necessary to be mindful that proceedings for property settlement and spousal maintenance should 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 tough to acquire.

Child Support

You do not need us to inform you what child assistance is or to get a general idea of what your obligation (or entitlement) will be.

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

However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and complexities, and help you to strategically prepare your child support arrangements and obligations for the future to ensure the best possible arrangement is in place provided your and the other parents circumstances. Call us 1300 241 740 today if you need a custody lawyer Waygara.

Some areas that Our Family Law Waygara can assist you with consist of:

Advising you as to your options relating to child assistance which might consist of setting up a personal child support arrangement, in either a restricted or binding child support agreement.

Private arrangements provide certainty for both parents for a longer time period (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 costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Support In Waygara

We can help in converting the unpaid 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 actions such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.

Assisting you to alter the Department examined child support amount to much better suit your individual circumstances.

Assessments are prepared by the Department based on a standard formula, but can be modified under various circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other situations also use. The change of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Waygara Pre-nuptials And Financial Agreements

Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, 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 permits a private agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a significant sum of money, including the costs 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 Waygara looking for to settle their responsibilities 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 monetary agreement can permanently finalise spousal maintenance obligations.

Family Violence

Family violence (also known 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, however 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 broadened in late 2012 and now encompasses 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 triggers them to fear for their safety or wellbeing.

Many individuals in Waygara may now be surprised 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 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 along with married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together 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 unit) are thought about to be a legal entity for the purpose of family law Waygara.

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

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