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Custody Lawyers Wonga VIC

Custody Lawyers Wonga Divorce And Separation Lawyers In Wonga

Australian Law operates on the principle of no-fault divorce. This implies 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 marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual can not make an application for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Wonga to be separated but to continue living in the same house throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to show to the Court that they were separated throughout this time.

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

Divorce procedures are performed entirely separately from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they need to request a divorce.

It is essential to be conscious that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to get.

Child Support

You don’t require us to tell you what child assistance is or to get a general concept 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 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 a few of the lesser known areas and intricacies, and help you to strategically prepare your child support arrangements and obligations for the future to guarantee the very best possible plan remains in place given your and the other parents circumstances. Call us 1300 241 740 today if you need a custody lawyer Wonga.

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

Advising you as to your choices relating to child support which may include setting up a personal child support agreement, in either a minimal or binding child support arrangement.

Private arrangements offer certainty for both parents for a longer amount 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.

Assisting In Steps To Recover Unsettled Child Support In Wonga

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 litigation through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.

Helping you to alter the Department evaluated child assistance amount to much better match your specific circumstances.

Assessments are prepared by the Department based on a standard formula, but can be changed under different situations (up or down) based on aspects such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other circumstances also apply. The change of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Wonga Pre-nuptials And Financial Agreements

Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, however they can be beneficial:

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 permits a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial amount of money, including 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 Wonga seeking 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 monetary agreement can completely finalise spousal maintenance obligations.

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 provide protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates 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 person and triggers them to fear for their security or wellbeing.

Many individuals in Wonga may now be surprised to discover 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 email 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 property settlement and spousal maintenance identified in the Family Court alongside couples.

Despite 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Wonga.

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

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