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Custody Lawyers Woomelang VIC

Custody Lawyers Woomelang Divorce And Separation Lawyers In Woomelang

Australian Law operates on the principle of no-fault divorce. This implies 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 actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This suggests an individual can not request divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Woomelang to be separated however to continue residing in the exact same house during the twelve months, which is called ‘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 grant a divorce if it is satisfied that appropriate arrangements have actually been made for them.

Divorce proceedings are carried out entirely separately from other proceedings in between the husband and wife and there is no obligation on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they should request a divorce.

It is essential to be aware 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 challenging to obtain.

Child Support

You don’t need us to tell you what child support is or to get a basic concept of what your obligation (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 determine child support can be a complex and painful minefield. We can assist you with some of the lower known areas and intricacies, and assist you to strategically plan your child support arrangements and responsibilities for the future to guarantee the very best possible plan is in place offered your and the other parents scenarios. Call us 1300 241 740 today if you need a custody lawyer Woomelang.

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

Advising you as to your choices relating to child assistance which may include setting up a private child support agreement, in either a limited or binding child assistance agreement.

Private arrangements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to handle the administration of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Woomelang

We can help in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.

Helping you to alter the Department examined child assistance amount to much better suit your individual situations.

Evaluations are prepared by the Department based upon a basic formula, however can be altered under various situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.

Woomelang Pre-nuptials And Financial Agreements

Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, however 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 personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a significant amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Woomelang seeking to settle their responsibilities 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 permanently settle spousal maintenance responsibilities.

Family Violence

Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, however 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 expanded in late 2012 and now includes a much wider 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 causes them to fear for their security or wellbeing.

Many individuals in Woomelang might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email 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 residential or commercial property settlement and spousal maintenance identified in the Family Court together with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic domestic basis for a minimum of 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 unit) are considered to be a legal entity for the purpose of family law Woomelang.

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

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