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Custody Lawyers Whiteheads Creek VIC

Custody Lawyers Whiteheads Creek Divorce And Separation Lawyers In Whiteheads Creek

Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out 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 broken down irretrievably the couple must has been separated for at least twelve months and one day. This implies 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 Whiteheads Creek to be separated but to continue residing in the very same home during 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 throughout this time.

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

Divorce proceedings are conducted completely separately from other proceedings between the husband and wife and there is no obligation on a party to commence 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 need to request a divorce.

It is essential to be conscious that procedures for property settlement and spousal maintenance must 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 get.

Child Support

You don’t need 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 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 compute child support can be a complex and painful minefield. We can assist you with a few of the lesser known areas and complexities, and help you to tactically prepare your child support plans and responsibilities for the future to ensure the very best possible plan is in place offered your and the other parents scenarios. Call us 1300 241 740 today if you need a custody lawyer Whiteheads Creek.

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

Advising you as to your alternatives regarding child assistance which may consist of setting up a personal child assistance agreement, in either a limited or binding child support arrangement.

Private arrangements supply certainty for both moms and dads for a longer amount of time (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 get rid of the need to handle the administration of the Department.

Assisting In Steps To Recover Unsettled Child Support In Whiteheads Creek

We can help 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 lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Assisting you to modify the Department assessed child support amount to much better match your specific circumstances.

Evaluations are prepared by the Department based upon a basic formula, but can be modified under various situations (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 extra extracurricular expenses), if a child has extra health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also apply. The modification of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Whiteheads Creek Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 basically enables a private arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Whiteheads Creek seeking to finalise 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 completely finalise spousal maintenance responsibilities.

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 offer protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for children.

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

Many people in Whiteheads Creek might now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail account or internet 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 together with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 unit) are thought about to be a legal entity for the purpose of family law Whiteheads Creek.

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

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