Divorce And Separation Lawyers In Tandarook
Australian Law operates on the principle 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 marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This means an individual can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Tandarook to be separated however to continue living in the exact same home throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they have to show to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are performed entirely separately from other proceedings between the husband and wife and there is no commitment on a party to commence divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they need to apply for a divorce.
It is necessary to be aware that procedures for property settlement and spousal maintenance must 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 don’t 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 fast children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with some of the lower recognized areas and complexities, and assist you to strategically prepare your child support plans and obligations for the future to ensure the very best possible arrangement is in place offered your and the other parents circumstances. Call us 1300 241 740 now if you need a custody lawyer Tandarook.
Some areas that Our Family Law Tandarook can help you with consist of:
Advising you as to your options relating to child support which may include setting up a private child support arrangement, in either a restricted or binding child support arrangement.
Personal arrangements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Tandarook
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 litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to modify the Department examined child support amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based on a standard formula, but can be altered under different situations (up or down) based on aspects such as the cost 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 parent is earnings poor however ‘asset rich’, etc. Other scenarios also use. The change of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Tandarook Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everybody, 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 permits a private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Tandarook seeking to finalise their commitments 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 commitments.
Family violence (also called 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 identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now incorporates a much larger 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 causes them to fear for their safety or wellbeing.
Many people in Tandarook might now be surprised to find 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 e-mail account or internet 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 residential or commercial property settlement and spousal maintenance identified in the Family Court along with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on an authentic 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Tandarook.
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 backing, in very much the same way as a married couple.