Divorce And Separation Lawyers In Tonghi Creek
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has 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 at least twelve months and one day. This suggests an individual 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 Tonghi Creek to be separated but to continue residing in the 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 prove to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are performed completely separately from other proceedings in between the husband and wife and there is no obligation on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must make an application for a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance need to be commenced 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 obtain.
You don’t need us to inform you what child support is or to get a general concept of what your obligation (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help you with some of the lower known areas and complexities, and assist you to strategically plan your child support plans and obligations for the future to guarantee the very best possible plan is in place offered your and the other moms and dads situations. Call us 1300 241 740 today if you need a custody lawyer Tonghi Creek.
Some areas that Our Family Law Tonghi Creek can help you with include:
Advising you regarding your alternatives regarding child support which might include organizing a personal child assistance arrangement, in either a minimal or binding child assistance arrangement.
Private arrangements provide certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable greater versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Tonghi Creek
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to modify the Department evaluated child assistance amount to better match your specific situations.
Evaluations are prepared by the Department based on a standard formula, however can be modified under various circumstances (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other scenarios also use. The modification of evaluation process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Tonghi Creek Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially 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 participation of the Family Court. Therefore having such an agreement can save a substantial sum of money, consisting of the costs 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 Tonghi Creek 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 completely finalise spousal maintenance obligations.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide 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 broadened in late 2012 and now encompasses 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 security or wellbeing.
Many people in Tonghi Creek may now be surprised to find 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 web 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 together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 Tonghi Creek.
De facto partners must not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a couple.