Divorce And Separation Lawyers In Tarrenlea
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies 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 Tarrenlea to be separated but to continue residing in the very same house during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they have 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 correct arrangements have been made for them.
Divorce proceedings are carried out totally separately from other proceedings in 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. Nevertheless if either party to the marriage wants to re-marry they need to apply for a divorce.
It is important to be conscious that procedures for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to obtain.
You do not require us to tell you what child assistance is or to get a general idea of what your commitment (or entitlement) will be.
There is a fast children support estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and help you to tactically plan your child support arrangements and commitments for the future to make sure the very best possible plan is in place given your and the other parents circumstances. Call us 1300 241 740 now if you need a custody lawyer Tarrenlea.
Some areas that Our Family Law Tarrenlea can help you with include:
Advising you regarding your options concerning child assistance which might consist of organizing a personal child support agreement, in either a limited or binding child assistance agreement.
Private arrangements provide certainty for both moms and dads for a longer amount of time (no continual 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 bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Tarrenlea
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to change the Department assessed child assistance amount to better match your specific situations.
Assessments are prepared by the Department based on a standard formula, but can be changed under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other situations also apply. The modification of evaluation process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Tarrenlea Pre-nuptials And Financial Agreements
Financial agreements (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 basically permits a personal agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Tarrenlea looking for to finalise their commitments 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 settle spousal maintenance commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was expanded 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 individual and causes them to fear for their security or wellbeing.
Many people in Tarrenlea may now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail 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 residential or commercial property settlement and spousal maintenance determined in the Family Court along with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 thought about to be a legal entity for the purpose of family law Tarrenlea.
De facto spouses 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.