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Custody Lawyers Wroxham VIC

Custody Lawyers Wroxham Divorce And Separation Lawyers In Wroxham

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage 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 marriage has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates a person 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 Wroxham to be separated however to continue residing in the very same home throughout the twelve months, which is known as ‘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 throughout this time.

If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper plans have actually been made for them.

Divorce proceedings are performed entirely individually from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they should apply for a divorce.

It is important to be mindful that proceedings for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to get.

Child Support

You don’t need us to tell you exactly what child support is or to get a basic idea of what your commitment (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.

Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and help you to strategically plan your child support plans and obligations for the future to ensure the very best possible plan remains in place given your and the other parents scenarios. Call us 1300 241 740 now if you need a custody lawyer Wroxham.

Some areas that Our Family Law Wroxham can assist you with include:

Advising you regarding your options concerning child assistance which may consist of arranging a personal child assistance arrangement, in either a minimal or binding child support arrangement.

Personal agreements offer certainty for both parents for a longer amount of time (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.

Helping In Steps To Recover Unpaid Child Assistance In Wroxham

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

Helping you to modify the Department assessed child assistance amount to better match your specific situations.

Evaluations are prepared by the Department based upon a standard formula, however can be altered under various situations (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The change of evaluation process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Wroxham Pre-nuptials And Financial Agreements

Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, however they can be useful:

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 allows a personal agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a significant sum of money, including the expenses connected 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 Wroxham 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 (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide 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 abuse) was expanded in late 2012 and now includes a much larger scope of behaviours such as:

  •  emotional and psychological abuse
  • financial 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 people in Wroxham may now be surprised 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 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 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 genuine 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 considered to be a legal entity for the purpose of family law Wroxham.

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 modification of residential or commercial property and financial support, in very much the same way as a married couple.

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