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Prenuptial Agreement Mepunga VIC

Prenuptial Agreement Mepunga Divorce And Separation Lawyers In Mepunga

Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means a person can not request divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Mepunga to be separated but to continue living in the 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 show to the Court that they were separated during this time.

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

Divorce procedures are performed totally separately from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must apply for a divorce.

It is very important to be aware that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to obtain.

Child Support

You do not require us to inform you what child support is or to get a general idea of what your responsibility (or entitlement) will be.

There is a fast children support 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 assistance can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and intricacies, and help you to tactically plan your child support plans and obligations for the future to make sure the very best possible plan remains in place offered your and the other moms and dads situations.

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

Advising you as to your choices relating to child assistance which may consist of arranging a personal child assistance arrangement, in either a minimal or binding child support arrangement.

Personal arrangements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater versatility 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 deal with the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Mepunga

We can help in converting the unpaid 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 partner at the global airport gate terminal.

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

Assessments are prepared by the Department based upon a standard formula, but can be modified under different circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Mepunga Pre-nuptials And Financial Agreements

Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, nevertheless they can be useful:

As a risk management tool for couples seeking prenup agreement Mepunga 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 involvement of the Family Court. For that reason having such an arrangement can save a substantial amount of money, consisting of the expenses connected 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 Mepunga seeking 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 finalise spousal maintenance obligations.

Family Violence

Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer 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 assault) was widened in late 2012 and now includes 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 causes them to fear for their security or wellbeing.

Many individuals in Mepunga may now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail 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 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 actually 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Mepunga.

De facto partners must not fear that they need to leave 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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