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Custody Lawyers Wendouree VIC

Custody Lawyers Wendouree Divorce And Separation Lawyers In Wendouree

Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to approve 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 at least twelve months and one day. This indicates a person can not apply for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Wendouree 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 have to show to the Court that they were separated throughout this time.

If there are kids 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 carried out completely separately from other proceedings between the couple and there is no commitment on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they must make an application for a divorce.

It is necessary to be aware that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only 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 inform you exactly what child support is or to get a basic concept 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 Assistance (” the Department”) which you can use.

Nevertheless, 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 lower known areas and complexities, and help you to strategically plan your child support plans and responsibilities for the future to ensure the best possible arrangement is in place provided your and the other moms and dads circumstances. Call us 1300 241 740 now if you need a custody lawyer Wendouree.

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

Advising you as to your alternatives regarding child assistance which may include arranging a personal child support agreement, in either a restricted or binding child support agreement.

Personal agreements offer certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable higher versatility 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 remove the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Wendouree

We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.

Helping you to modify the Department assessed child support amount to much better match your specific situations.

Evaluations are prepared by the Department based on a basic formula, but can be changed under different situations (up or down) based on factors such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other circumstances also apply. 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.

Wendouree Pre-nuptials And Financial Agreements

Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be helpful:

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 arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Wendouree looking for to finalise 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 financial agreement can completely finalise spousal maintenance responsibilities.

Family Violence

Family violence (likewise 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 meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates a much larger 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 individuals in Wendouree may now be surprised to find 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 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 alongside married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine domestic basis for at least 2 years (or less if they have a kid, 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 Wendouree.

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 adjustment of property and financial backing, in very much the same way as a married couple.

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