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Prenup Eagle Point VIC

Prenup Eagle Point Divorce And Separation Lawyers In Eagle Point

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 has the ability to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests a person can not make an application for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Eagle Point to be separated however to continue living in the exact same home during the twelve months, which is called ‘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 children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper plans have been made for them.

Divorce proceedings are performed entirely individually from other proceedings between the husband and wife and there is no responsibility on a party to begin divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they need to apply for a divorce.

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

Child Support

You don’t need us to tell you what child assistance is or to get a general idea of what your responsibility (or entitlement) will be.

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

Nevertheless, the child support system and the formula used to compute 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 strategically prepare your child support arrangements and obligations for the future to ensure the very best possible arrangement is in place offered your and the other moms and dads circumstances.

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

Advising you as to your options regarding child assistance which might include organizing a personal child assistance arrangement, in either a minimal or binding child assistance arrangement.

Personal arrangements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and get rid of the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Eagle Point

We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the international airport gate terminal.

Assisting you to alter the Department assessed child assistance amount to much better suit your specific circumstances.

Evaluations are prepared by the Department based on a standard formula, however can be changed under various situations (up or down) based on aspects such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The modification of evaluation procedure can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.

Eagle Point Pre-nuptials And Financial Agreements

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

As a risk management tool for couples seeking prenup Eagle Point how they will divide their property if they separate at a later time, it generally allows a private agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Eagle Point 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 financial agreement can completely settle spousal maintenance commitments.

Family Violence

Family violence (also referred to as 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 allegations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates 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 individual and triggers them to fear for their safety or wellbeing.

Lots of people in Eagle Point may now be surprised to discover 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic domestic basis for at least 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) are considered to be a legal entity for the purpose of family law Eagle Point.

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

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