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Custody Lawyers Williams Landing VIC

Custody Lawyers Williams Landing Divorce And Separation Lawyers In Williams Landing

Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marriage ended. The Court has the ability to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This suggests an individual can not make an application for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Williams Landing to be separated but to continue living in the same house during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have 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 just grant a divorce if it is satisfied that appropriate plans have actually been made for them.

Divorce proceedings are performed entirely separately from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before 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 should request a divorce.

It is necessary to be mindful that procedures for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to acquire.

Child Support

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

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

However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and assist you to tactically prepare your child support plans and commitments for the future to make sure the best possible plan is in place given your and the other moms and dads scenarios. Call us 1300 241 740 now if you need a custody lawyer Williams Landing.

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

Advising you regarding your choices concerning child assistance which may include organizing a personal child assistance arrangement, in either a minimal or binding child assistance arrangement.

Private arrangements offer certainty for both moms and dads for a longer period 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 eliminate the need to deal with the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Williams Landing

We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.

Assisting you to change the Department assessed child support amount to better suit your specific circumstances.

Evaluations are prepared by the Department based on a basic formula, but can be altered under various situations (up or down) based upon aspects such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other scenarios also use. The change of assessment process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Williams Landing Pre-nuptials And Financial Agreements

Financial arrangements (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 allows 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 amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Williams Landing looking for to settle 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 financial agreement can completely settle spousal maintenance responsibilities.

Family Violence

Family violence (likewise referred to as 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 claims of domestic violence into consideration when determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much wider scope of behaviours such as:

  •  emotional and psychological abuse
  • financial 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 Williams Landing might now be shocked 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 messages, monitoring their e-mail account or internet 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 property settlement and spousal maintenance determined in the Family Court along with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on an authentic 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 unit) are considered to be a legal entity for the purpose of family law Williams Landing.

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

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