Divorce And Separation Lawyers In Swan Hill West
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court has the ability 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 should has been separated for at least twelve months and one day. This indicates a person can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Swan Hill West to be separated however to continue residing in the very same house 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 grant a divorce if it is satisfied that proper arrangements have been made for them.
Divorce procedures are performed completely separately from other proceedings between the husband and wife and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they must request a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to obtain.
You don’t require us to inform you 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 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 determine child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and assist you to strategically plan your child support plans and responsibilities for the future to make sure the very best possible arrangement remains in place provided your and the other moms and dads situations. Call us 1300 241 740 now if you need a custody lawyer Swan Hill West.
Some areas that Our Family Law Swan Hill West can assist you with consist of:
Advising you regarding your choices relating to child assistance which might consist of arranging a personal child assistance agreement, in either a limited or binding child support agreement.
Private agreements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater versatility 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 remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Swan Hill West
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Helping you to modify the Department assessed child assistance amount to better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be modified under different circumstances (up or down) based upon aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other circumstances also apply. The modification of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Swan Hill West Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally as ‘pre-nups’) are not for everyone, nevertheless 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 basically enables a personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Swan Hill West seeking to finalise their responsibilities 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 financial agreement can permanently settle spousal maintenance responsibilities.
Family violence (likewise called 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 determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much broader scope of behaviours such as:
- emotional and psychological abuse
- financial 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 Hill West may now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 property settlement and spousal maintenance determined in the Family Court alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 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 Hill West.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial backing, in very much the same way as a married couple.