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Custody Lawyers Wongungarra VIC

Custody Lawyers Wongungarra Divorce And Separation Lawyers In Wongungarra

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This implies an individual can not apply for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Wongungarra to be separated however to continue residing in the same house throughout 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 show to the Court that they were separated throughout this time.

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

Divorce proceedings are conducted entirely individually from other proceedings in between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they should apply for a divorce.

It is important to be mindful that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to obtain.

Child Support

You don’t need us to tell you what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.

There is a fast children support 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 support can be a complex and painful minefield. We can assist you with a few of the lesser known areas and intricacies, and assist you to strategically plan your child support arrangements and commitments for the future to make sure the best possible arrangement remains in place offered your and the other parents situations. Call us 1300 241 740 now if you need a custody lawyer Wongungarra.

Some areas that Our Family Law Wongungarra can assist you with consist of:

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

Personal arrangements offer certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater 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 deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Wongungarra

We can help 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 spouse at the international airport gate terminal.

Helping you to alter the Department evaluated child support amount to much better suit your specific circumstances.

Evaluations are prepared by the Department based on a standard formula, but can be modified under various situations (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical requirements, if a parent is earnings poor however ‘asset rich’, and so on. Other situations also use. The modification of evaluation process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.

Wongungarra Pre-nuptials And Financial Agreements

Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless 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 generally permits a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Wongungarra looking for to settle their commitments 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 completely settle spousal maintenance responsibilities.

Family Violence

Family violence (also called 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 accusations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses 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 security or wellbeing.

Many individuals in Wongungarra may now be surprised to find 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, monitoring their email 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 residential or commercial property settlement and spousal maintenance identified in the Family Court alongside couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine domestic basis for at least 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) are thought about to be a legal entity for the purpose of family law Wongungarra.

De facto spouses must not fear that they need to walk away 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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