Divorce And Separation Lawyers In Narre Warren
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates a person can not make an application for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Narre Warren to be separated but to continue living 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 during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper plans have actually been made for them.
Divorce proceedings are carried out totally separately 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 other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they must make an application for a divorce.
It is very important to be mindful that procedures for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to obtain.
You do not need us to tell you exactly what child assistance is or to get a general idea of what your obligation (or entitlement) will be.
There is a quick children support estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and assist you to strategically plan your child support arrangements and obligations for the future to guarantee the best possible arrangement is in place offered your and the other parents situations. Call us 1300 241 740 now if you need a custody lawyer Narre Warren.
Some areas that Our Family Law Narre Warren can help you with consist of:
Advising you as to your alternatives regarding child assistance which may include arranging a personal child support arrangement, in either a limited or binding child support arrangement.
Private arrangements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Narre Warren
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 private recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to alter the Department examined child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be modified under various situations (up or down) based upon factors such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other situations also use. The modification of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Narre Warren Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
As a risk management tool for couples seeking to pre-arrange how they will divide their property if they separate at a later time, it basically allows a private agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant amount of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Narre Warren seeking to settle their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can permanently finalise spousal maintenance obligations.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes a much wider 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 triggers them to fear for their security or wellbeing.
Many people in Narre Warren may now be surprised to find 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 messages, monitoring their e-mail account or internet browser history.
De Facto Relationships
In 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 identified in the Family Court alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine 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 unit) are considered to be a legal entity for the purpose of family law Narre Warren.
De facto partners should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial backing, in very much the same way as a married couple.