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Custody Lawyers Woorndoo VIC

Custody Lawyers Woorndoo Divorce And Separation Lawyers In Woorndoo

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This implies an individual can not make an application for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Woorndoo 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 need 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 only approve a divorce if it is satisfied that appropriate arrangements have been made for them.

Divorce procedures are conducted totally separately from other proceedings in between the couple and there is no commitment on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they need to request a divorce.

It is essential to be aware that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to acquire.

Child Support

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

There is a quick children assistance estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.

Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and intricacies, and help you to tactically prepare your child support arrangements and commitments for the future to guarantee 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 Woorndoo.

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

Advising you regarding your options relating to child support which may consist of organizing a personal child support agreement, in either a limited or binding child assistance agreement.

Personal agreements supply certainty for both moms and dads for a longer time period (no continual 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 get rid of the need to handle the administration of the Department.

Helping In Steps To Recover Unsettled Child Support In Woorndoo

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

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

Evaluations are prepared by the Department based upon a basic formula, but can be changed under various circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also apply. The change of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Woorndoo Pre-nuptials And Financial Agreements

Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 basically enables a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement 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 to earnings protection insurance coverage or life insurance.

For separated couples in Woorndoo looking for to settle 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 monetary agreement can permanently finalise spousal maintenance responsibilities.

Family Violence

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

The traditional meaning of domestic violence (physical and sexual assault) 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 person and triggers them to fear for their security or wellbeing.

Many individuals in Woorndoo might now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law Woorndoo.

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

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