Divorce And Separation Lawyers In Victoria Point
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Victoria Point to be separated but to continue residing in the very same house throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to show to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that appropriate plans have been made for them.
Divorce procedures are carried out completely individually from other proceedings in between the couple and there is no commitment on a party to commence divorce proceedings before 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 must apply for 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 only be made after this duration with the approval of the Court, and this is challenging to get.
You don’t need us to inform you exactly 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 Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with some of the lesser known areas and intricacies, and help you to strategically plan your child support arrangements and obligations for the future to guarantee the best possible arrangement is in place offered your and the other moms and dads circumstances. Call us 1300 241 740 today if you need a custody lawyer Victoria Point.
Some areas that Our Family Law Victoria Point can help you with include:
Advising you as to your alternatives regarding child support which might include setting up a personal child assistance agreement, in either a minimal or binding child assistance agreement.
Private agreements 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 costs in part or in lieu), and remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Victoria Point
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps 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 better suit your individual circumstances.
Evaluations are prepared by the Department based on a standard formula, however can be altered under different situations (up or down) based on aspects such as the expense of maintaining the kid in the way the moms and dads meant (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other situations also apply. The modification of assessment process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Victoria Point Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, however 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 essentially allows a personal arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a considerable amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Victoria Point 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 commitments.
Family violence (also referred to 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 expanded 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 individual and triggers them to fear for their security or wellbeing.
Lots of people in Victoria Point might now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or internet 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 property settlement and spousal maintenance identified in the Family Court together with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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) are considered to be a legal entity for the purpose of family law Victoria Point.
De facto spouses must not fear that they need to leave 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.