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Prenuptial Agreement Lexton VIC

Prenuptial Agreement Lexton Divorce And Separation Lawyers In Lexton

Australian Law operates on the principle of no-fault divorce. This implies 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 needs to has been separated for at least twelve months and one day. This means an individual can not make an application for divorce up until the parties have been separated for twelve months and one day.

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

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

Divorce procedures are carried out entirely separately from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must request a divorce.

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

Child Support

You don’t require us to tell you what child support is or to get a general concept 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 Assistance (” 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 known areas and complexities, and help you to strategically plan your child support plans and responsibilities for the future to ensure the very best possible plan is in place provided your and the other parents situations.

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

Advising you regarding your choices concerning child assistance which may consist of organizing a personal child assistance agreement, in either a restricted or binding child support agreement.

Personal arrangements provide certainty for both moms and dads for a longer amount of time (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 get rid of the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Lexton

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 private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.

Assisting you to change the Department examined child support amount to better match your specific circumstances.

Evaluations are prepared by the Department based on a basic formula, however can be altered under different circumstances (up or down) based on factors such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other situations also apply. The modification of assessment process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Lexton Pre-nuptials And Financial Agreements

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

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

For separated couples in Lexton seeking 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 (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection 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 meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses a much wider 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.

Many people in Lexton may now be surprised 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 messages, monitoring their email account or internet 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.

Regardless 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 kid, 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 Lexton.

De facto spouses must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a couple.

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