Divorce And Separation Lawyers In Upper Ferntree Gully
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. 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 suggests a person can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Upper Ferntree Gully to be separated but to continue living in the very same house during the twelve months, which is referred to 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 approve a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are performed entirely individually from other proceedings in between the couple 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 marital relationship wants to re-marry they must request a divorce.
It is necessary to be mindful that procedures for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to obtain.
You don’t need us to tell you exactly what child assistance is or to get a basic idea of what your obligation (or entitlement) will be.
There is a fast children support estimator on the site 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 assistance can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and complexities, and help you to tactically plan your child support plans and obligations for the future to make sure the very best possible arrangement remains in place offered your and the other moms and dads situations. Call us 1300 241 740 today if you need a custody lawyer Upper Ferntree Gully.
Some areas that Our Family Law Upper Ferntree Gully can assist you with include:
Advising you regarding your choices regarding child assistance which may include setting up a personal child support agreement, in either a minimal or binding child support agreement.
Personal arrangements provide certainty for both moms and dads for a longer period of time (no continual 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 get rid of the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Upper Ferntree Gully
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 debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to modify the Department examined child assistance amount to better match your specific situations.
Evaluations are prepared by the Department based on a basic formula, but can be changed under different circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other scenarios also apply. The modification of assessment procedure can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Upper Ferntree Gully Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, 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 essentially enables a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Upper Ferntree Gully seeking 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 responsibilities.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just 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 determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes 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 person and causes them to fear for their security or wellbeing.
Many people in Upper Ferntree Gully might now be shocked 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 property settlement and spousal maintenance identified in the Family Court alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine 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 considered to be a legal entity for the purpose of family law Upper Ferntree Gully.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.