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Prenup Castlemaine VIC

Prenup Castlemaine Divorce And Separation Lawyers In Castlemaine

Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This indicates 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 Castlemaine to be separated however to continue living in the very same home throughout the twelve months, which is referred to 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 kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that appropriate plans have actually been made for them.

Divorce proceedings are carried out completely individually from other proceedings in between the couple and there is no commitment on a party to commence divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must apply for a divorce.

It is essential to be conscious 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 obtain.

Child Support

You don’t need us to inform you exactly what child support is or to get a general concept of what your obligation (or entitlement) will be.

There is a fast 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 determine child assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and intricacies, and help you to strategically plan your child support plans and obligations for the future to guarantee the very best possible arrangement remains in place offered your and the other moms and dads situations.

Some areas that Our Family Law Castlemaine can assist you with consist of:

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

Private arrangements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater flexibility 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 bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Castlemaine

We can help in converting the unsettled amount from a Commonwealth debt to a personal 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 assessed child assistance amount to better match your specific situations.

Assessments are prepared by the Department based on a basic formula, but can be modified under different situations (up or down) based upon aspects such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Castlemaine Pre-nuptials And Financial Agreements

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

As a risk management tool for couples seeking prenup Castlemaine how they will divide their property if they separate at a later time, it essentially permits a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.

For separated couples in Castlemaine looking for 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 financial agreement can completely finalise spousal maintenance obligations.

Family Violence

Family violence (also 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 determining future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now includes a much wider scope of behaviours such as:

  •  emotional and psychological abuse
  • financial abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another person and causes them to fear for their security or wellbeing.

Many individuals in Castlemaine may now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, 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 residential or commercial 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 cohabited on a genuine 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Castlemaine.

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

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Callea Pearce Lawyers
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8 Gell St, Bacchus Marsh Victoria 3340, Australia

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