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Prenup Dandenong South VIC

Prenup Dandenong South Divorce And Separation Lawyers In Dandenong South

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 been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for at least twelve months and one day. This implies an individual can not request divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Dandenong South to be separated however to continue living 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 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 proper arrangements have actually been made for them.

Divorce proceedings are carried out completely separately from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they need to request a divorce.

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

Child Support

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

There is a quick children support 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 calculate child support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and intricacies, and help you to tactically prepare your child support plans and commitments for the future to make sure the very best possible arrangement remains in place given your and the other parents situations.

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

Advising you as to your choices regarding child support which might include setting up a personal child assistance agreement, in either a limited or binding child support arrangement.

Private arrangements supply certainty for both parents for a longer period of time (no continual reassessments each year or more), enable higher versatility 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 get rid of the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Dandenong South

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

Assisting you to modify the Department evaluated child assistance amount to better suit your individual circumstances.

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

Dandenong South Pre-nuptials And Financial Agreements

Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everyone, however they can be beneficial:

As a risk management tool for couples seeking prenup Dandenong South how they will divide their property if they separate at a later time, it generally allows a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, including the expenses connected 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 Dandenong South looking for to finalise 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 monetary agreement can completely 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, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes 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 person and triggers them to fear for their security or wellbeing.

Many people in Dandenong South might now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or internet 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 alongside couples.

Regardless of 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Dandenong South.

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

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Wheeler Family Law








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