Divorce And Separation Lawyers In Upper Lurg
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This suggests an individual can not request divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Upper Lurg to be separated however to continue residing in the same home during the twelve months, which is known 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 kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper plans have been made for them.
Divorce procedures are performed completely individually from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to apply for a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance should be commenced 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 don’t need us to inform you what child assistance is or to get a general 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.
However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and help you to strategically prepare your child support arrangements and commitments for the future to ensure the very best possible arrangement is in place offered your and the other parents scenarios. Call us 1300 241 740 today if you need a custody lawyer Upper Lurg.
Some areas that Our Family Law Upper Lurg can assist you with consist of:
Advising you as to your options regarding child support which may consist of setting up a private child support arrangement, in either a restricted or binding child support arrangement.
Private agreements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater flexibility in the approach of payment (direct funding 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 Assistance In Upper Lurg
We can help 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 actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to change the Department examined child support amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be changed under different circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also use. The modification of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Upper Lurg Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, 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 essentially enables a private agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a significant amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Upper Lurg looking for 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 referred to 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, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates 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 Lurg may 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, monitoring their e-mail 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 identified in the Family Court alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 Lurg.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial backing, in very much the same way as a couple.