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Custody Lawyers Winnambool VIC

Custody Lawyers Winnambool Divorce And Separation Lawyers In Winnambool

Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to approve a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has 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 actually been separated for twelve months and one day.

It is possible for a couple in Winnambool to be separated however to continue living in the exact same house 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 prove to the Court that they were separated during this time.

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

Divorce proceedings are carried out entirely individually from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they need to apply for a divorce.

It is important to be aware that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to get.

Child Support

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

There is a fast 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 calculate child support can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and intricacies, and assist you to strategically plan your child support plans and obligations for the future to make sure the best possible plan is in place provided your and the other moms and dads scenarios. Call us 1300 241 740 today if you need a custody lawyer Winnambool.

Some areas that Our Family Law Winnambool can assist you with include:

Advising you as to your choices regarding child assistance which might include organizing a private child assistance arrangement, in either a restricted or binding child support arrangement.

Personal agreements provide certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher versatility 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 eliminate the need to handle the administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Winnambool

We can help in converting the unsettled amount from a Commonwealth debt to a private 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 global airport gate terminal.

Helping you to change the Department assessed child support amount to much better match your specific situations.

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

Winnambool Pre-nuptials And Financial Agreements

Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a considerable amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Winnambool seeking to settle their obligations 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 finalise spousal maintenance commitments.

Family Violence

Family violence (likewise 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 allegations of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was expanded 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 Winnambool may now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or web 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 identified in the Family Court alongside married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 Winnambool.

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

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