Divorce And Separation Lawyers In Trafalgar South
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship 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 needs to has been separated for a minimum of twelve months and one day. This means an individual can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Trafalgar South to be separated however to continue living in the very same home throughout the twelve months, which is called ‘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 approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are carried out totally individually from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should request a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance must 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 tough to get.
You do not require us to tell you 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 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 compute child support can be a complex and painful minefield. We can help you with some of the lesser recognized areas and intricacies, and assist you to tactically plan your child support arrangements and responsibilities for the future to make sure the very best possible plan is in place provided your and the other moms and dads circumstances. Call us 1300 241 740 today if you need a custody lawyer Trafalgar South.
Some areas that Our Family Law Trafalgar South can assist you with consist of:
Advising you regarding your choices regarding child assistance which might include setting up a private child support arrangement, in either a limited or binding child support agreement.
Personal arrangements supply certainty for both parents for a longer period 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 costs in part or in lieu), and get rid of the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Trafalgar South
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.
Helping you to modify the Department examined child support amount to better suit your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be modified under different circumstances (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 extra extracurricular costs), if a kid has extra health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other circumstances also apply. The modification of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Trafalgar South Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, however 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 generally enables a private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Trafalgar South looking for to finalise their responsibilities 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 finalise 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 security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes a much wider scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and causes them to fear for their safety or wellbeing.
Many individuals in Trafalgar South 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 internet 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 identified in the Family Court along with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 Trafalgar South.
De facto spouses should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial backing, in very much the same way as a married couple.