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Prenup Broadwater VIC

Prenup Broadwater Divorce And Separation Lawyers In Broadwater

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to approve 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 must has been separated for a minimum of twelve months and one day. This implies a person can not request divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Broadwater to be separated however to continue living in the same home during the twelve months, which is known 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 approve a divorce if it is satisfied that proper plans have been made for them.

Divorce proceedings are conducted entirely individually from other proceedings between the couple and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they must request a divorce.

It is very important to be mindful that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to acquire.

Child Support

You don’t require us to tell you what child assistance is or to get a basic idea 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 assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and assist you to tactically plan your child support arrangements and commitments for the future to ensure the best possible plan is in place given your and the other parents scenarios.

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

Advising you as to your alternatives relating to child assistance which may include arranging a private child assistance arrangement, in either a limited or binding child support arrangement.

Personal arrangements offer certainty for both parents for a longer period of time (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 remove the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Broadwater

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

Helping you to change the Department examined child assistance amount to much better suit your individual situations.

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

Broadwater Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally as ‘pre-nups’) are not for everybody, nevertheless they can be useful:

As a risk management tool for couples seeking prenup Broadwater how they will divide their property if they separate at a later time, it essentially enables a private arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a significant sum of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Broadwater looking for to finalise 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 monetary agreement can permanently settle spousal maintenance obligations.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer 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 kids.

The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses 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 Broadwater might 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 identified in the Family Court together with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic domestic basis for a minimum of 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 Broadwater.

De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial backing, in very much the same way as a couple.

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