Family Law Solicitors Lakes Entrance Vic

Divorce And Separation Advice In Lakes Entrance

divorce lawyer Lakes EntranceAustralian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to please the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means a person can not get divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple to be separated in Lakes Entrancehowever to continue residing in the exact same house throughout the twelve months, which is called ‘separation under the one roofing system’. If the couple is separated under the one roofing they need 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 just grant a divorce if it is pleased that proper arrangements have been made for them.

Divorce proceedings are performed entirely individually from other proceedings in between the couple and there is no responsibility on a party to start divorce proceedings prior to acting in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they should request a divorce.

It is necessary to be conscious that procedures for home settlement and spousal upkeep should 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 Lakes Entrance

You don’t require us to tell you what child support is or to get a basic idea of what your commitment (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 utilize.

However, the child support system and the formula used to determine child support can be a complex and uncomfortable minefield. We can help you with a few of the lesser known areas and complexities, and assist you to strategically prepare your child support arrangements and obligations 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 help you with consist of:

Advising you regarding your choices concerning child support which might include setting up a personal child support arrangement, in either a restricted or binding child support arrangement

Private arrangements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), allow higher flexibility in the method of payment (direct financing in regular or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the have to deal with the bureaucracy of the Department.

Assisting in steps to recover unsettled child support

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

Assisting you to change the Department evaluated child support total up to better suit your private situations.

Evaluations are prepared by the Department based on a standard formula, however can be changed under different circumstances (up or down) based upon factors such as the expense of preserving the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other situations likewise use. The modification of assessment procedure 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 Lakes Entrance

Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:

As a threat management tool for couples looking for to pre-arrange how they will divide their residential in Lakes Entrance if they separate at a later time, it essentially permits a personal agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such a contract can conserve a considerable sum of money, consisting of the costs related to home settlement negotiations or litigation if the parties different. It can be compared to income defense insurance coverage or life insurance.
For separated couples looking for to settle their obligations to each other in the context of spousal upkeep (and in conjunction with a Court ordered arrangement as to a property settlement). Unlike court orders in the context of spousal upkeep, a monetary arrangement can permanently finalise spousal upkeep commitments.

Family Violence

Household violence (also called domestic violence) is taken very seriously by the Courts, not only are orders readily available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into factor to consider when identifying future parenting plans for kids.

The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses a much wider scope of behaviours such as:

— psychological and mental abuse

— financial abuse

— threatening behaviour

— behaviour which is coercive

— behaviour which controls or dominates another individual and triggers them to fear for their safety or wellbeing.

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

De Facto Relationships

family law Lakes EntranceIn March 2009 a 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 in the Family Court together with 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 child, registered their relationship under the law of the State or one made a significant contribution to the home of the other or the welfare of the family unit) are considered to be a legal entity for the function of family law.

De facto partners must not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique arrangement for the change of home and financial support, in very much the same way as a couple.