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Custody Lawyers Wonthaggi VIC

Custody Lawyers Wonthaggi Divorce And Separation Lawyers In Wonthaggi

Australian Law operates on the principle of no-fault divorce. This means that a court does not consider 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 marriage has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Wonthaggi to be separated however to continue residing in the exact 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 during 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 arrangements have been made for them.

Divorce procedures are performed entirely separately from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they should make an application for a divorce.

It is important to be mindful that procedures for property settlement and spousal maintenance should 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 tough to get.

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 quick children support 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 determine child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and help you to strategically plan your child support plans and obligations for the future to guarantee the very best possible plan is in place provided your and the other parents scenarios. Call us 1300 241 740 today if you need a custody lawyer Wonthaggi.

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

Advising you as to your options concerning child assistance which might consist of arranging a personal child assistance arrangement, in either a restricted or binding child assistance arrangement.

Private arrangements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable higher flexibility 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 get rid of the need to deal with the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Support In Wonthaggi

We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable 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 partner at the worldwide airport gate terminal.

Assisting you to modify the Department examined child support amount to better match your specific circumstances.

Evaluations are prepared by the Department based upon a standard formula, however can be changed under various circumstances (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other scenarios also apply. The modification of evaluation procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Wonthaggi Pre-nuptials And Financial Agreements

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

For separated couples in Wonthaggi seeking to settle 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 permanently finalise spousal maintenance commitments.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but 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 meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes a much broader scope of behaviours such as:

  •  emotional and psychological abuse
  • economic abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another person and causes them to fear for their safety or wellbeing.

Lots of people in Wonthaggi might 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 e-mail account or internet 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 determined 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 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 Wonthaggi.

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

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Denise Dwyer Lawyers
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379B Nepean Hwy, Frankston Victoria 3199, Australia
 

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