Child Custody Bennettswood Vic

Divorce And Separation Advice In Bennettswood

divorce lawyer BennettswoodAustralian 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 actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This indicates a person can not look for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple to be separated in Bennettswoodhowever to continue residing in the same house during the twelve months, which is known as ‘separation under the one roofing system’. If the couple is separated under the one roofing system 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 approve a divorce if it is pleased that correct arrangements have actually been made for them.

Divorce proceedings are conducted totally separately from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings prior to acting in relation to other element of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they must request a divorce.

It is important to be mindful that proceedings for home 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 challenging to get.

Child Support Assistance In Bennettswood

You do not require us to inform you what child assistance is or to obtain a basic concept of exactly what your obligation (or entitlement) will be.

There is a fast 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 compute child assistance can be a complex and agonizing minefield. We can help you with some of the lower recognized areas and complexities, and help you to tactically prepare your child support plans and commitments for the future to guarantee the best possible plan is in place provided your and the other parents situations.

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

Recommending you as to your choices relating to child support which might consist of arranging a private child support arrangement, in either a restricted or binding child assistance agreement

Private agreements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater flexibility in the method of payment (direct financing in periodic or lump sums, or payment of academic, medical and extracurricular expenses in part or in lieu), and get rid of the have to deal with the bureaucracy of the Department.

Helping in steps to recover unpaid child support

We can help in transforming the unpaid 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 serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.

Helping you to change the Department evaluated child support total up to better suit your specific circumstances.

Evaluations are prepared by the Department based upon a basic formula, however can be changed under various circumstances (up or down) based upon aspects such as the cost of keeping the child in the way the moms and dads intended (e.g.: personal education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other circumstances also apply. The modification of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Pre-nuptials And Financial Agreements Advice In Bennettswood

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

As a risk management tool for couples looking for to pre-arrange how they will divide their home in Bennettswood if they separate at a later time, it basically allows a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such a contract can conserve a considerable sum of money, including the expenses associated with residential or settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples seeking to settle their responsibilities to each other in the context of spousal upkeep (and in conjunction with a Court ordered agreement as to a home settlement). Unlike court orders in the context of spousal maintenance, a monetary arrangement can permanently finalise spousal upkeep responsibilities.

Family Violence

Household violence (also known as domestic violence) is taken really seriously by the Courts, not only are orders offered (in the Magistrates Court) to supply protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for kids.

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

— psychological and psychological abuse

— financial abuse

— threatening behaviour

— behaviour which is coercive

— behaviour which manages or dominates another person and triggers them to fear for their security or wellness.

Many people in Bennettswood might now be amazed to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet web browser history.

De Facto Relationships

family law BennettswoodIn March 2009 a new day dawned for de facto relationships, offered 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 cohabited on an authentic domestic basis for at least 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law.

De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial backing, in quite the same way as a couple.