Divorce And Separation Lawyers In Tottington
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to approve 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 indicates an individual can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Tottington to be separated however to continue living in the very same house during the twelve months, which is called ‘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 grant 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 couple and there is no responsibility on a party to start divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they must make an application for a divorce.
It is essential to be conscious that procedures for property settlement and spousal maintenance need to be started 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 obtain.
You do not need us to tell you exactly what child support is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a quick children support estimator on the site 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 assist you with a few of the lower recognized areas and complexities, and assist you to strategically plan your child support plans and responsibilities for the future to guarantee 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 Tottington.
Some areas that Our Family Law Tottington can assist you with include:
Advising you as to your choices regarding child assistance which may consist of organizing a private child assistance arrangement, in either a restricted or binding child assistance agreement.
Personal arrangements offer certainty for both moms and dads 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 handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Tottington
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 actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to change the Department evaluated child assistance amount to better match your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be altered under different circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents meant (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 use. The change of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Tottington Pre-nuptials And Financial Agreements
Monetary agreements (also known informally 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 arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a substantial sum of money, including the costs associated 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 Tottington seeking to finalise their obligations 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 finalise spousal maintenance obligations.
Family violence (also 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 allegations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning 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
- 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 individuals in Tottington may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or web web 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside couples.
In spite of 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 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 considered to be a legal entity for the purpose of family law Tottington.
De facto spouses must not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.