Divorce And Separation Lawyers In Wando Vale
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out 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 at least twelve months and one day. This indicates a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Wando Vale to be separated however to continue residing in the same home during 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 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 proper plans have been made for them.
Divorce proceedings are carried out entirely separately from other proceedings in between the husband and wife and there is no responsibility on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to apply for a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to get.
You don’t require us to tell you what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.
There is a quick children support estimator on the site 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 lesser known areas and complexities, and help you to tactically prepare your child support arrangements and responsibilities for the future to make sure the very best possible plan remains in place provided your and the other parents scenarios. Call us 1300 241 740 now if you need a custody lawyer Wando Vale.
Some areas that Our Family Law Wando Vale can help you with consist of:
Advising you as to your options regarding child support which may consist of arranging a private child assistance arrangement, in either a minimal or binding child assistance agreement.
Personal arrangements offer certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater versatility 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 eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Wando Vale
We can assist in converting the unpaid 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 steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to modify the Department evaluated child support amount to much better match your individual circumstances.
Assessments 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 cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also use. The modification of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Wando Vale Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, however they can be beneficial:
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 basically permits 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 significant sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Wando Vale seeking to finalise their obligations 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 monetary agreement can permanently settle spousal maintenance commitments.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses 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 triggers them to fear for their security or wellbeing.
Many individuals in Wando Vale may now be shocked to discover 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 internet 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.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine domestic basis for a minimum of 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 Wando Vale.
De facto partners should not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a married couple.