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Prenup Ringwood East VIC

Prenup Ringwood East Divorce And Separation Lawyers In Ringwood East

Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This suggests an individual can not make an application for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Ringwood East to be separated however to continue residing in the very same house during 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 prove to the Court that they were separated during this time.

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

Divorce proceedings are conducted completely individually from other proceedings in between the couple and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should request a divorce.

It is important to be aware that proceedings for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to obtain.

Child Support

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

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

Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and help you to strategically prepare your child support plans and commitments for the future to guarantee the very best possible arrangement is in place provided your and the other parents situations.

Some areas that Our Family Law Ringwood East can assist you with include:

Advising you as to your options relating to child assistance which might include arranging a private child support agreement, in either a limited or binding child assistance agreement.

Private arrangements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Ringwood East

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 litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Assisting you to alter the Department assessed child assistance amount to better match your individual circumstances.

Evaluations are prepared by the Department based upon a basic formula, but can be altered under different circumstances (up or down) based on factors such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The change of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Ringwood East Pre-nuptials And Financial Agreements

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

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

For separated couples in Ringwood East seeking 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 monetary agreement can permanently settle spousal maintenance commitments.

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 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 children.

The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses 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 individual and causes them to fear for their safety or wellbeing.

Lots of people in Ringwood East might now be shocked to discover 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 messages, monitoring their email 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 cohabited 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 unit) are considered to be a legal entity for the purpose of family law Ringwood East.

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

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