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Custody Lawyers Woodend North VIC

Custody Lawyers Woodend North Divorce And Separation Lawyers In Woodend North

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court has the ability to grant 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 must has been separated for at least twelve months and one day. This implies an individual can not apply for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Woodend North to be separated however to continue residing 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 have 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 approve a divorce if it is satisfied that correct arrangements have been made for them.

Divorce procedures are conducted completely separately from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they need to request a divorce.

It is necessary to be mindful that proceedings for property settlement and spousal maintenance should be begun 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 exactly what child support is or to get a general idea of what your responsibility (or entitlement) will be.

There is a fast children assistance 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 compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and assist you to tactically plan your child support arrangements and obligations for the future to make sure the very best possible plan remains in place provided your and the other parents circumstances. Call us 1300 241 740 today if you need a custody lawyer Woodend North.

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

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

Personal agreements supply certainty for both parents for a longer period of time (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 expenses in part or in lieu), and get rid of the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Support In Woodend North

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

Helping you to modify the Department examined child support amount to better suit your individual situations.

Assessments are prepared by the Department based on a basic formula, but can be changed under different situations (up or down) based on aspects such as the expense 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 needs, if a moms and dad 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 help in preparing the required documentation and preparing you for the road ahead.

Woodend North Pre-nuptials And Financial Agreements

Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 generally permits a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a considerable amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Woodend North seeking to finalise 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 completely finalise spousal maintenance responsibilities.

Family Violence

Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much larger scope of behaviours such as:

  •  emotional and psychological abuse
  • economic abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another individual and triggers them to fear for their security or wellbeing.

Many individuals in Woodend North may now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or 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 together with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Woodend North.

De facto spouses should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a married couple.

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