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Prenup Northwood VIC

Prenup Northwood Divorce And Separation Lawyers In Northwood

Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. 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 indicates a person can not apply for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Northwood to be separated but to continue living in the very same house 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 throughout this time.

If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that appropriate plans have been made for them.

Divorce proceedings are conducted completely individually from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must request a divorce.

It is essential to be mindful that procedures for property settlement and spousal maintenance need to 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 tough to acquire.

Child Support

You don’t require us to tell you exactly what child support is or to get a basic idea 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 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 some of the lesser recognized areas and complexities, and help you to tactically prepare your child support arrangements and obligations for the future to guarantee the very best possible arrangement remains in place provided your and the other parents scenarios.

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

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

Personal arrangements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher versatility 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 get rid of the need to handle the administration of the Department.

Helping In Steps To Recover Unpaid Child Support In Northwood

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 personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.

Assisting you to change the Department evaluated child assistance amount to much better match your individual situations.

Assessments are prepared by the Department based on a basic formula, however can be changed under different situations (up or down) based upon factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other scenarios also use. The change of assessment procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Northwood Pre-nuptials And Financial Agreements

Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:

As a risk management tool for couples seeking prenup Northwood how they will divide their property if they separate at a later time, it basically permits a personal arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a substantial amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Northwood looking for to settle their responsibilities 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 permanently finalise spousal maintenance responsibilities.

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 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 kids.

The traditional definition of domestic violence (physical and sexual assault) was expanded 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 person and causes them to fear for their safety or wellbeing.

Many individuals in Northwood might now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email account or web browser history.

De Facto Relationships

In March 2009 a brand-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 together with married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real domestic basis for at least 2 years (or less if they have a kid, 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 thought about to be a legal entity for the purpose of family law Northwood.

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

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