Divorce And Separation Lawyers In Tittybong
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This suggests 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 Tittybong to be separated however 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 need to show to the Court that they were separated during 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 completely separately from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they must make an application for a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to get.
You do not require us to tell you what child support is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a fast children assistance 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 calculate child support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to ensure the very best possible arrangement remains in place provided your and the other moms and dads situations. Call us 1300 241 740 today if you need a custody lawyer Tittybong.
Some areas that Our Family Law Tittybong can assist you with include:
Advising you as to your options concerning child assistance which may include organizing a personal child assistance arrangement, in either a limited or binding child support arrangement.
Private arrangements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Tittybong
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to alter the Department examined child support amount to much better match your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, however can be modified under different situations (up or down) based upon aspects such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also use. The change of assessment process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Tittybong Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everybody, nevertheless they can be useful:
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 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, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Tittybong looking for to finalise their responsibilities 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 completely settle spousal maintenance responsibilities.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses a much broader 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 Tittybong might now be shocked to discover 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 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 along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine 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 Tittybong.
De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial backing, in very much the same way as a married couple.