Call Us 1300 241 740

Custody Lawyers Wycheproof VIC

Custody Lawyers Wycheproof Divorce And Separation Lawyers In Wycheproof

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 is able to grant 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 a minimum of twelve months and one day. This means an individual can not apply for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Wycheproof to be separated but to continue living in the exact same home during the twelve months, which is referred to as ‘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 kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that proper arrangements have actually been made for them.

Divorce proceedings are conducted entirely individually from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to make an application for a divorce.

It is necessary to be mindful that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is challenging to acquire.

Child Support

You do not require us to inform you what child support is or to get a general concept of what your commitment (or entitlement) will be.

There is a fast children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.

However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and assist you to tactically plan your child support plans and responsibilities for the future to make sure the very best possible arrangement remains in place given your and the other parents situations. Call us 1300 241 740 now if you need a custody lawyer Wycheproof.

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

Advising you regarding your choices regarding child assistance which may include setting up a personal child assistance agreement, in either a restricted or binding child assistance arrangement.

Personal arrangements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher 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 eliminate the need to handle the administration of the Department.

Helping In Steps To Recover Unpaid Child Support In Wycheproof

We can assist in converting the unpaid 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 spouse at the international airport gate terminal.

Helping you to change the Department evaluated child assistance amount to better suit your individual circumstances.

Assessments are prepared by the Department based on a standard formula, however can be changed under different circumstances (up or down) based on factors such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also use. The modification of evaluation process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Wycheproof Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally as ‘pre-nups’) are not for everyone, however 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 arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a substantial sum 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 Wycheproof looking for to settle 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 financial agreement can permanently settle spousal maintenance responsibilities.

Family Violence

Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying 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 broader 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 triggers them to fear for their safety or wellbeing.

Many people in Wycheproof might now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring 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 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 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) are considered to be a legal entity for the purpose of family law Wycheproof.

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

Business Results 1 - 10 of 0

 

Business Results 1 - 10 of 2



 

About: admin2017