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Custody Lawyers Whitlands VIC

Custody Lawyers Whitlands Divorce And Separation Lawyers In Whitlands

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

It is possible for a couple in Whitlands to be separated but to continue residing in the same home 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 throughout this time.

If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that correct arrangements have been made for them.

Divorce procedures are carried out entirely individually from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they must apply for a divorce.

It is essential to be mindful that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to obtain.

Child Support

You don’t require us to tell you what child assistance is or to get a basic concept of what your responsibility (or entitlement) will be.

There is a fast children support 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 calculate child assistance can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and assist you to tactically plan your child support plans and commitments for the future to make sure the best possible arrangement is in place offered your and the other moms and dads circumstances. Call us 1300 241 740 today if you need a custody lawyer Whitlands.

Some areas that Our Family Law Whitlands can help you with consist of:

Advising you regarding your alternatives relating to child support which might include arranging a private child assistance arrangement, in either a minimal or binding child assistance agreement.

Private agreements supply certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the administration of the Department.

Helping In Steps To Recover Unsettled Child Support In Whitlands

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

Assisting you to change the Department examined child support amount to better suit your specific situations.

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

Whitlands Pre-nuptials And Financial Agreements

Monetary agreements (also known colloquially 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 essentially enables a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Whitlands 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 permanently settle spousal maintenance obligations.

Family Violence

Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security 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 definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses 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 security or wellbeing.

Many people in Whitlands may now be shocked to find 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 messages, monitoring their email account or web web 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 identified in the Family Court alongside couples.

In spite of 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 thought about to be a legal entity for the purpose of family law Whitlands.

De facto partners must not fear that they need to 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 couple.

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