Divorce And Separation Lawyers In Swan Bay
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to give 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 must has been separated for at least twelve months and one day. This indicates a person can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Swan Bay to be separated however to continue residing in the same home throughout the twelve months, which is known as ‘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 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 appropriate arrangements have actually been made for them.
Divorce proceedings are conducted entirely individually from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they should request a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to acquire.
You do not need us to inform you what child support is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a quick children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and complexities, and help you to tactically plan your child support plans and responsibilities for the future to ensure the best possible plan is in place provided your and the other parents circumstances. Call us 1300 241 740 now if you need a custody lawyer Swan Bay.
Some areas that Our Family Law Swan Bay can assist you with include:
Advising you regarding your options concerning child support which might include arranging a private child assistance arrangement, in either a minimal or binding child support arrangement.
Personal arrangements provide certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Swan Bay
We can assist in converting the unsettled 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 unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Assisting you to change the Department assessed child assistance amount to better suit your individual situations.
Assessments are prepared by the Department based upon a basic formula, however can be changed under various situations (up or down) based on factors such as the expense of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Swan Bay Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, however they can be beneficial:
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 generally permits a private agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement 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 coverage or life insurance.
For separated couples in Swan Bay looking for to settle their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a monetary agreement can permanently settle spousal maintenance commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much larger scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and triggers them to fear for their security or wellbeing.
Lots of people in Swan Bay may now be surprised to discover 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, monitoring their email account or internet web 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 property settlement and spousal maintenance determined in the Family Court along with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic domestic basis for a minimum of 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 residential or commercial property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law Swan Bay.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a couple.