Call Us 1300 241 740

Prenup Clarendon VIC

Prenup Clarendon Divorce And Separation Lawyers In Clarendon

Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means an individual can not request divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Clarendon to be separated however to continue residing in the 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 have to prove 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 appropriate plans have been made for them.

Divorce procedures are conducted totally individually from other proceedings between the husband and wife and there is no responsibility on a party to begin divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must make an application for a divorce.

It is essential to be mindful that proceedings 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 difficult to get.

Child Support

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

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

However, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and help you to tactically plan your child support plans and responsibilities for the future to ensure the very best possible plan remains in place offered your and the other moms and dads scenarios.

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

Advising you regarding your options relating to child assistance which may consist of setting up a personal child assistance agreement, in either a minimal or binding child support arrangement.

Private arrangements offer certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater 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 eliminate the need to deal with the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Clarendon

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 global airport gate terminal.

Helping you to alter the Department examined child support amount to better match your individual circumstances.

Assessments are prepared by the Department based on a basic 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 meant (e.g.: private education or extra extracurricular expenses), if a kid has additional health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other scenarios also apply. The change of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Clarendon Pre-nuptials And Financial Agreements

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

As a risk management tool for couples seeking prenup Clarendon 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 substantial sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.

For separated couples in Clarendon 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 finalise spousal maintenance obligations.

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

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

Many individuals in Clarendon might now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail 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 identified in the Family Court alongside 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 Clarendon.

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

Business Results 1 - 10 of 4

Callea Pearce Lawyers
1 Reviews
Phone:
8 Gell St, Bacchus Marsh Victoria 3340, Australia
Ascot Solicitors
1 Reviews
Phone:
827B Ballarat Rd, Deer Park Victoria 3023, Australia
Birdsey Dedman & Bartlett
1 Reviews
Phone:
166a Ryrie St, Geelong Victoria 3220, Australia
Low Cost Conveyancing Services
1 Reviews
Phone:
263 Heaths Rd, #2, Werribee Victoria 3030, Australia

About: admin2017