What is a Binding Child Support Agreement?

A Binding Child Support Agreement allows you to make a financial agreement regarding child support payments and how they are paid. 

Each party wishing to enter into a binding child support agreement must obtain independent legal advice before making or entering into the agreement. 

You can also make a binding child support agreement that credits privately made lump sum payments or the value of a transfer of property against the liability that is payable under a child support assessment.  You can specify the rate at which the lump sum is to be credited at 100% or less.

If you include these provisions in the this type of agreement, you must have a child support assessment in place before the agreement can be accepted and the lump sum payment or value of the asset must be equal to or greater than the annual child support rate under the current child support assessment.

This is a complex area and we recommend you obtain legal advice from our Family Law Team by telephoning 03 9614 7111.

Read More»

How do you proceed with a divorce if you do not know where your spouse is?

You can still proceed with your Divorce application but you need to obtain an Order from the Court for “substituted service or dispensation of service”.

An Order for substituted service permits you to serve the Divorce documents on a third person who the Court is satisfied will bring the divorce documents to the attention of your spouse. 

An Order for dispensation of service gives your permission not to serve the Court documents on your spouse if the Court is satisfied that you have taken all reasonable steps to locate your spouse. 

An affidavit is required by you setting out the steps you have taken to locate your spouse.

For further assistance in preparing the affidavit, please contact the Family Law Team at Nevett Ford Lawyers on 03 9614 7111.

Read More»

Can Domestic Violence Increase My Family Law Property Settlement?

The short answer is yes.

In circumstances where the contributions of a party are made more “onerous” by the violence of the other party, the Courts may give more weight to that circumstance.

For example, if one party is subjected to verbal or physical abuse which causes difficulties for that party in carrying out their “role in the relationship”, this may be taken into account.  As well as being relevant to the party’s present health and their likely future employability, that party may get an extra portion of the property.

Read More»

Can I change a child's name without permission from the other party?

No. If the parties cannot agree to a name change then court action is necessary.  The court would look at the following factors:

·         The best interests of the child

·         Confusion of identity

·         Short and long-term effects of a name change

·         Effect on the child's relationship with the party not seeking the name change

·         Embarrassment to the child (eg. If surname is different from mother's)

Sometimes parties agree on a hyphenated surname as a compromise.

Read More»

What is a family law consultant?

Family consultants are social workers or psychologists employed or subcontracted by the Court to assist parties after Court proceedings have commenced.  Their role is to provide a report to the Court after meeting with parties.  It's important to be aware that there is no 'confidentiality' so what you say to them may be used in Court.  The Court is not bound by the report but they are generally of valuable assistance to the Court in reaching a decision.

Read More»

If I separate, is there a time limit to make a claim for a property settlement?

Yes, the deadline for issuing a property (or maintenance) application is 12 months for married parties after a Divorce Order has taken effect (except by leave of the Court or the agreement of the other party).  A party to a de facto relationships may apply for a property (and maintenance Order) only if the Application is made within 2 years after the end of the relationship.  If you are outside these timelines, we recommend you obtain legal advice.

Read More»

Can you make a claim for property settlement if your de facto relationship is less than 2 years?

It is possible to make a claim for a property settlement for de facto couples (including same sex couples) even if the cohabitation is for less than 2 years.  You would need to have a child of the relationship or have made “substantial contributions” to any property of the parties.  You would also need to demonstrate that if the Court won’t allow your case to be heard, you would suffer serious injustice.

Read More»