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Custody Lawyers Yarra Glen VIC

Custody Lawyers Yarra Glen Divorce And Separation Lawyers In Yarra Glen

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

It is possible for a couple in Yarra Glen to be separated but to continue residing in the exact same house throughout 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 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 give a divorce if it is satisfied that appropriate plans have actually been made for them.

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

It is necessary to be aware that procedures 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 hard to get.

Child Support

You do not need us to tell you exactly what child support is or to get a general idea of what your commitment (or entitlement) will be.

There is a quick children support estimator on the website of the Department of Human Services Child Support (” 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 intricacies, and assist you to tactically prepare your child support arrangements and responsibilities for the future to guarantee the best possible arrangement remains in place offered your and the other moms and dads circumstances. Call us 1300 241 740 today if you need a custody lawyer Yarra Glen.

Some areas that Our Family Law Yarra Glen can help you with consist of:

Advising you regarding your alternatives relating to child support which might consist of setting up a private child support agreement, in either a minimal or binding child assistance agreement.

Private agreements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher flexibility in the method 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.

Assisting In Steps To Recover Unpaid Child Assistance In Yarra Glen

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 debt from a recalcitrant spouse at the international airport gate terminal.

Helping you to modify the Department evaluated child support amount to much better match your individual situations.

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

Yarra Glen Pre-nuptials And Financial Agreements

Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 basically enables a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a substantial sum of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Yarra Glen seeking to settle their responsibilities to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can permanently settle spousal maintenance commitments.

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 provide protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now includes a much broader 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 causes them to fear for their safety or wellbeing.

Many people in Yarra Glen may now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring 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 identified in the Family Court together with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic domestic basis for at least 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 Yarra Glen.

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

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