Divorce And Separation Lawyers In Sutherlands Creek
Australian 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 grant a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means 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 in Sutherlands Creek to be separated but to continue living in the very same house during the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will only give a divorce if it is satisfied that proper plans have been made for them.
Divorce procedures are performed entirely separately from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they must request a divorce.
It is essential to be mindful that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to get.
You do not need us to tell you exactly what child support 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.
Nevertheless, 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 lesser recognized areas and intricacies, and assist you to tactically prepare your child support plans and commitments for the future to guarantee the very best possible arrangement remains in place provided your and the other parents scenarios. Call us 1300 241 740 today if you need a custody lawyer Sutherlands Creek.
Some areas that Our Family Law Sutherlands Creek can help you with consist of:
Advising you as to your alternatives concerning child assistance which may consist of arranging a private child assistance arrangement, in either a limited or binding child support arrangement.
Personal arrangements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct funding 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 deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Sutherlands Creek
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Helping you to modify the Department examined child support amount to better match your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be altered under various circumstances (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other scenarios also apply. The change of evaluation process can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Sutherlands Creek Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, however they can be helpful:
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 essentially permits a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Sutherlands Creek looking for to finalise 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 monetary agreement can permanently settle spousal maintenance responsibilities.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates a much wider scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.
Many people in Sutherlands Creek may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or web browser history.
De Facto Relationships
In March 2009 a brand-new day dawned for de facto relationships, provided 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.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real domestic basis for a minimum of 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Sutherlands Creek.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a married couple.