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Prenuptial Agreement Merton VIC

Prenuptial Agreement Merton Divorce And Separation Lawyers In Merton

Australian Law operates on the concept 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 been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates a person can not apply for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Merton to be separated however to continue residing in the same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to show to the Court that they were separated throughout this time.

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

Divorce procedures are performed entirely individually from other proceedings between the husband and wife and there is no obligation 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 marriage wants to re-marry they must apply for a divorce.

It is very important 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 tough to get.

Child Support

You don’t need us to inform you what child assistance is or to get a basic concept 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.

Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with some of the lower recognized areas and complexities, and assist you to strategically plan your child support arrangements and obligations 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 Merton can help you with consist of:

Advising you regarding your choices relating to child assistance which might consist of arranging a private child support agreement, in either a restricted or binding child assistance agreement.

Personal agreements supply certainty for both moms and dads 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 costs in part or in lieu), and remove the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Support In Merton

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

Assisting you to alter the Department examined child support amount to much better suit your individual situations.

Assessments are prepared by the Department based upon a standard formula, but can be modified under different situations (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other situations also apply. The modification of assessment procedure can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.

Merton Pre-nuptials And Financial Agreements

Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, however they can be useful:

As a risk management tool for couples seeking prenup agreement Merton how they will divide their property if they separate at a later time, it essentially allows a personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a considerable amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.

For separated couples in Merton looking for to settle their obligations 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 completely finalise 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 provide security to the victim, however 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 broadened in late 2012 and now includes 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.

Many individuals in Merton may now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, 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 property settlement and spousal maintenance determined in the Family Court along with married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Merton.

De facto partners should not fear that they need to 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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