Child Custody Ashwood Vic

Divorce And Separation Advice In Ashwood

divorce lawyer AshwoodAustralian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to please 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 indicates a person 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 to be separated in Ashwoodbut to continue living in the same house throughout the twelve months, which is referred to as ‘separation under the one roofing system’. If the couple is separated under the one roofing system they need to show to the Court that they were separated during this time.

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

Divorce proceedings are performed totally individually from other proceedings between the husband and wife and there is no commitment on a party to begin divorce procedures 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 look for a divorce.

It is essential to be aware that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to acquire.

Child Support Assistance In Ashwood

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

There is a quick children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.

Nevertheless, the child support system and the formula utilized to determine child support can be a complex and unpleasant minefield. We can help you with some of the lower recognized areas and intricacies, and assist you to strategically plan your child support arrangements and commitments for the future to make sure the very best possible arrangement is in place given your and the other parents scenarios.

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

Recommending you as to your options relating to child support which might include organizing a private child support agreement, in either a restricted or binding child assistance agreement

Private agreements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct financing in routine or lump sums, or payment of academic, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the administration of the Department.

Helping in steps to recover unsettled kid assistance

We can help in converting the unsettled amount from a Commonwealth debt to a personal financial obligation to enable you to side step the Department and pursue private recovery lawsuits through the Court or more major steps such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.

Assisting you to change the Department assessed child support total up to better fit your individual situations.

Assessments are prepared by the Department based on a standard formula, but can be modified under various situations (up or down) based upon factors such as the cost of keeping the child in the way the parents intended (e.g.: personal education or extra extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other situations also apply. The change of evaluation process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.

Pre-nuptials And Financial Agreements Advice In Ashwood

Financial contracts (also understood informally as ‘pre-nups’) are not for everybody, nevertheless they can be helpful:

As a danger management tool for couples seeking to pre-arrange how they will divide their home in Ashwood 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 substantial sum of money, consisting of the expenses related to property settlement negotiations or litigation if the parties separate. It can be compared to earnings defense insurance or life insurance.
For separated couples looking for to finalise their responsibilities to each other in the context of spousal maintenance (and in conjunction with a Court ordered arrangement as to a residential settlement). Unlike court orders in the context of spousal maintenance, a monetary agreement can completely settle spousal maintenance commitments.

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 supply security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into factor to consider when determining future parenting arrangements for kids.

The standard meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much larger scope of behaviours such as:

— psychological and mental abuse

— financial abuse

— threatening behaviour

— behaviour which is coercive

— behaviour which manages or controls another person and causes them to fear for their safety or health and wellbeing.

Many people in Ashwood may now be amazed to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email account or internet browser history.

De Facto Relationships

family law AshwoodIn March 2009 a brand-new day dawned for de facto relationships, supplied 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 together with married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 substantial 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 household law.

De facto spouses should not fear that they should leave empty handed from a relationship. The Family Law Act makes unique arrangement for the change of home and financial support, in quite the same way as a couple.