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Custody Lawyers Winchelsea South VIC

Custody Lawyers Winchelsea South Divorce And Separation Lawyers In Winchelsea South

Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court has the ability 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 means a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.

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

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

Divorce procedures are performed totally individually from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they should make an application for a divorce.

It is very important to be conscious that procedures for property settlement and spousal maintenance must be begun 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 do not need us to inform you exactly what child support is or to get a basic idea of what your obligation (or entitlement) will be.

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

Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and assist you to tactically prepare your child support arrangements and obligations for the future to make sure the best possible plan is in place offered your and the other parents scenarios. Call us 1300 241 740 now if you need a custody lawyer Winchelsea South.

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

Advising you as to your options relating to child assistance which may consist of setting up a private child support arrangement, in either a minimal or binding child support arrangement.

Personal agreements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater flexibility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Winchelsea South

We can assist 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 litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.

Helping you to alter the Department evaluated child support amount to much better match your individual circumstances.

Evaluations are prepared by the Department based on a basic formula, however can be modified under different circumstances (up or down) based upon factors such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra 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 situations also apply. The modification of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Winchelsea South Pre-nuptials And Financial Agreements

Financial agreements (also known informally 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 essentially enables a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable 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 Winchelsea South seeking 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 monetary agreement can completely settle spousal maintenance obligations.

Family Violence

Family violence (also referred to 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, 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 meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates a much broader 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 security or wellbeing.

Lots of people in Winchelsea South might now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail 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 residential or commercial property settlement and spousal maintenance identified in the Family Court alongside married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 unit) are considered to be a legal entity for the purpose of family law Winchelsea South.

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

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