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Custody Lawyers Woodstock VIC

Custody Lawyers Woodstock Divorce And Separation Lawyers In Woodstock

Australian Law operates on the principle 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 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 at least twelve months and one day. This indicates a person can not apply for divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Woodstock to be separated but to continue living in the same home during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they need 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 grant 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 commitment 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 marriage wishes to re-marry they need to make an application for a divorce.

It is necessary to be aware that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to obtain.

Child Support

You do not require us to tell you exactly what child assistance is or to get a basic concept of what your obligation (or entitlement) will be.

There is a quick children support 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 assist you with some of the lesser known areas and intricacies, and assist you to tactically prepare your child support arrangements and commitments for the future to guarantee the very best possible plan is in place offered your and the other moms and dads scenarios. Call us 1300 241 740 today if you need a custody lawyer Woodstock.

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

Advising you regarding your alternatives regarding child support which may consist of arranging a private child assistance arrangement, in either a restricted or binding child assistance arrangement.

Private agreements supply certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to deal with the administration of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Woodstock

We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.

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

Assessments are prepared by the Department based upon a basic formula, however can be modified 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 extra extracurricular costs), if a kid has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other scenarios also use. The change of evaluation process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Woodstock Pre-nuptials And Financial Agreements

Financial 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 enables a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a significant sum of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Woodstock seeking to finalise 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 monetary agreement can permanently settle spousal maintenance obligations.

Family Violence

Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates 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 safety or wellbeing.

Lots of people in Woodstock might 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 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 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) are considered to be a legal entity for the purpose of family law Woodstock.

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

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