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Custody Lawyers Woosang VIC

Custody Lawyers Woosang Divorce And Separation Lawyers In Woosang

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This implies 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 Woosang to be separated but to continue living in the same home during 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 throughout this time.

If there are children aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate plans have been made for them.

Divorce proceedings are conducted completely individually from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they must make an application for a divorce.

It is necessary to be aware that proceedings for property settlement and spousal maintenance need to 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 acquire.

Child Support

You don’t require us to inform you exactly what child assistance is or to get a basic idea of what your responsibility (or entitlement) will be.

There is a fast children support estimator on the site of the Department of Human Services Child Support (” 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 help you with some of the lower known areas and complexities, and help you to tactically plan your child support plans and obligations for the future to guarantee the very best possible plan remains in place given your and the other moms and dads situations. Call us 1300 241 740 now if you need a custody lawyer Woosang.

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

Advising you as to your choices regarding child assistance which might consist of organizing a personal child support agreement, in either a restricted or binding child assistance agreement.

Private agreements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct financing 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 Unpaid Child Support In Woosang

We can help 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 spouse at the international airport gate terminal.

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

Assessments are prepared by the Department based upon a standard formula, but can be changed under different circumstances (up or down) based upon aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also use. The change of evaluation process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Woosang Pre-nuptials And Financial Agreements

Monetary arrangements (likewise known colloquially 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 enables a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.

For separated couples in Woosang seeking 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 financial agreement can completely finalise 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 offer security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now incorporates 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 person and triggers them to fear for their security or wellbeing.

Many individuals in Woosang may now be shocked to find 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 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 property settlement and spousal maintenance determined in the Family Court along with married couples.

Despite 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 kid, 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 Woosang.

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 married couple.

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