Divorce And Separation Lawyers In Viewbank
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court is able 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 at least twelve months and one day. This suggests a person can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Viewbank to be separated but to continue residing in the very 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 show 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 appropriate plans have been made for them.
Divorce proceedings are conducted totally individually from other proceedings in between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must make an application for a divorce.
It is necessary to be mindful 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 difficult to obtain.
You don’t require us to tell you exactly what child support is or to get a basic concept of what your obligation (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and assist you to strategically prepare your child support plans and responsibilities for the future to ensure the best possible plan is in place given your and the other parents situations. Call us 1300 241 740 today if you need a custody lawyer Viewbank.
Some areas that Our Family Law Viewbank can assist you with include:
Advising you regarding your alternatives concerning child assistance which may consist of arranging a private child assistance arrangement, in either a limited or binding child support arrangement.
Private arrangements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher 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 get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Viewbank
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 lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to alter the Department evaluated child assistance amount to better match your specific circumstances.
Assessments are prepared by the Department based on a basic formula, but can be changed under various situations (up or down) based on factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Viewbank Pre-nuptials And Financial Agreements
Monetary agreements (likewise known colloquially 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 generally enables a personal agreement to be formalised and precludes 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 lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Viewbank looking for to finalise their responsibilities 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 commitments.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any allegations 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 individual and causes them to fear for their safety or wellbeing.
Many people in Viewbank 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 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 couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic 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 Viewbank.
De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a couple.