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Prenup Bridgewater VIC

Prenup Bridgewater Divorce And Separation Lawyers In Bridgewater

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to approve a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This suggests a person can not request divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Bridgewater to be separated but to continue living in the exact same house 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 during this time.

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

Divorce procedures are performed entirely separately from other proceedings in between the couple and there is no obligation on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should make an application for a divorce.

It is important to be conscious that procedures for property settlement and spousal maintenance must be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to obtain.

Child Support

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

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

However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and complexities, and help you to tactically prepare your child support arrangements and commitments for the future to ensure the very best possible arrangement remains in place provided your and the other parents situations.

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

Advising you as to your choices concerning child support which may include arranging a personal child assistance agreement, in either a minimal or binding child assistance agreement.

Personal agreements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher 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 remove the need to deal with the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Bridgewater

We can help in converting the unpaid 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.

Assisting you to change the Department evaluated child support amount to much better match your specific circumstances.

Evaluations are prepared by the Department based upon a standard formula, however can be modified under various circumstances (up or down) based upon factors such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other circumstances also use. The change of assessment process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.

Bridgewater Pre-nuptials And Financial Agreements

Financial agreements (also known informally as ‘pre-nups’) are not for everyone, however they can be useful:

As a risk management tool for couples seeking prenup Bridgewater 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 participation of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the expenses 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 Bridgewater looking for to settle their commitments 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 responsibilities.

Family Violence

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

The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses 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 Bridgewater 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 email account or internet 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.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 Bridgewater.

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 married couple.

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