Divorce And Separation Lawyers In Woodend
Australian Law operates on the concept of no-fault divorce. This implies 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 marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Woodend to be separated however to continue residing in the very same home 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 kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper plans have actually been made for them.
Divorce proceedings are performed totally separately from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to make an application for a divorce.
It is very important to be conscious that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is hard to obtain.
You don’t need us to inform you exactly what child assistance is or to get a basic 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 Support (” the Department”) which you can use.
However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and help you to tactically prepare your child support arrangements and commitments for the future to guarantee the best possible arrangement is in place provided your and the other parents scenarios. Call us 1300 241 740 today if you need a custody lawyer Woodend.
Some areas that Our Family Law Woodend can assist you with include:
Advising you regarding your alternatives regarding child assistance which may include arranging a personal child support arrangement, in either a restricted or binding child assistance agreement.
Personal arrangements offer certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable higher versatility in the approach 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 deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Woodend
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Helping you to alter the Department examined child support amount to better suit your individual circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be altered under different circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other scenarios also apply. The change of assessment process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Woodend Pre-nuptials And Financial Agreements
Financial arrangements (also known informally 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 essentially allows a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Woodend looking for to settle their responsibilities 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 responsibilities.
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 kids.
The traditional definition of domestic violence (physical and sexual assault) was expanded 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 person and triggers them to fear for their security or wellbeing.
Many individuals in Woodend might now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, 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 residential or commercial property settlement and spousal maintenance identified in the Family Court along with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real domestic basis for at least 2 years (or less if they have a kid, 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 Woodend.
De facto spouses must not fear that they must leave 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.