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Custody Lawyers Wild Dog Valley VIC

Custody Lawyers Wild Dog Valley Divorce And Separation Lawyers In Wild Dog Valley

Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage 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 marital relationship has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This means a person can not apply for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Wild Dog Valley to be separated but to continue residing in the exact same home during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated during this time.

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

Divorce procedures are carried out entirely separately from other proceedings in between the husband and wife 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 wishes to re-marry they need to make an application for a divorce.

It is very important to be aware that procedures for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to obtain.

Child Support

You don’t need us to inform you exactly what child support is or to get a general idea of what your obligation (or entitlement) will be.

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

Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with some of the lesser recognized areas and complexities, and assist you to tactically plan your child support arrangements and responsibilities for the future to ensure the very best possible arrangement remains in place given your and the other moms and dads scenarios. Call us 1300 241 740 today if you need a custody lawyer Wild Dog Valley.

Some areas that Our Family Law Wild Dog Valley can help you with consist of:

Advising you regarding your options concerning child assistance which might include arranging a personal child support arrangement, in either a minimal or binding child assistance arrangement.

Personal agreements provide 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 financing 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 bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Wild Dog Valley

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

Assisting you to change the Department assessed child assistance amount to much better match your specific situations.

Evaluations are prepared by the Department based upon a basic formula, however can be altered under various situations (up or down) based upon aspects such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other scenarios also apply. The modification of evaluation process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Wild Dog Valley Pre-nuptials And Financial Agreements

Financial arrangements (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 allows a private arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a substantial amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.

For separated couples in Wild Dog Valley looking for to settle their commitments 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 permanently settle spousal maintenance commitments.

Family Violence

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 determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was widened 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 triggers them to fear for their security or wellbeing.

Many individuals in Wild Dog Valley may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or 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 residential or commercial property settlement and spousal maintenance identified in the Family Court together with married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Wild Dog Valley.

De facto partners must not fear that they should leave 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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Mackinnon Jacobs Horton & Irving
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151 Boronia Rd, Level 1, Boronia Victoria 3155, Australia
 
 

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