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Prenup Serpentine VIC

Prenup Serpentine Divorce And Separation Lawyers In Serpentine

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to approve a divorce if there has 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 at least twelve months and one day. This means a person can not apply for divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Serpentine to be separated but to continue living in the very same home throughout the twelve months, which is called ‘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 just grant a divorce if it is satisfied that appropriate plans have actually been made for them.

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

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

Child Support

You don’t require us to inform you what child assistance is or to get a basic idea 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 Support (” the Department”) which you can use.

Nevertheless, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and complexities, and assist you to tactically prepare your child support plans and responsibilities for the future to guarantee the very best possible arrangement is in place offered your and the other moms and dads circumstances.

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

Advising you as to your alternatives relating to child assistance which might consist of setting up a personal child assistance arrangement, in either a limited or binding child assistance agreement.

Private agreements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater flexibility 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 handle the administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Serpentine

We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow 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 partner at the global airport gate terminal.

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

Assessments are prepared by the Department based upon a standard formula, however can be changed under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also use. The modification of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Serpentine Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be helpful:

As a risk management tool for couples seeking prenup Serpentine how they will divide their property if they separate at a later time, it basically enables a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a significant amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Serpentine looking for to settle 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 settle spousal maintenance commitments.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but 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 assault) was widened in late 2012 and now encompasses 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 person and triggers them to fear for their safety or wellbeing.

Lots of people in Serpentine might now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes 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 determined in the Family Court alongside married 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) are thought about to be a legal entity for the purpose of family law Serpentine.

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 property and financial backing, in very much the same way as a couple.

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