Divorce And Separation Lawyers In Wodonga Forward
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates an individual can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Wodonga Forward to be separated however to continue living in the exact same house during the twelve months, which is known as ‘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 throughout this time.
If there are kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are performed entirely separately from other proceedings between the couple and there is no commitment on a party to commence divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they must request a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to acquire.
You do not need us to inform you exactly what child support is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a quick 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 assist you with some of the lesser recognized areas and complexities, and help you to tactically prepare your child support arrangements and commitments for the future to ensure the very best possible plan remains in place given your and the other moms and dads circumstances. Call us 1300 241 740 today if you need a custody lawyer Wodonga Forward.
Some areas that Our Family Law Wodonga Forward can assist you with consist of:
Advising you as to your options relating to child assistance which might consist of arranging a private child support arrangement, in either a minimal or binding child assistance agreement.
Private arrangements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater versatility 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 get rid of the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Wodonga Forward
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 steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to alter the Department evaluated child support amount to better suit your individual situations.
Evaluations are prepared by the Department based on a basic formula, however can be altered under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other circumstances also use. The modification of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Wodonga Forward Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 basically enables a personal 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 expenses connected 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 Wodonga Forward seeking to finalise 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 completely settle spousal maintenance obligations.
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 provide protection to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now includes a much larger 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 triggers them to fear for their safety or wellbeing.
Many people in Wodonga Forward might now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes 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 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 together with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 Wodonga Forward.
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 adjustment of property and financial support, in very much the same way as a couple.