Divorce And Separation Lawyers In Wantirna
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to give 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 should has been separated for a minimum of twelve months and one day. This indicates a person can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Wantirna to be separated however to continue living 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 have to prove 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 actually been made for them.
Divorce proceedings are carried out completely individually from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they need to apply for a divorce.
It is important to be conscious that procedures for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to get.
You don’t need us to tell you what child support is or to get a basic concept of what your obligation (or entitlement) will be.
There is a fast 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 help you with some of the lesser known areas and intricacies, and help you to strategically prepare your child support arrangements and obligations for the future to ensure the very best possible arrangement remains in place offered your and the other parents situations. Call us 1300 241 740 now if you need a custody lawyer Wantirna.
Some areas that Our Family Law Wantirna can assist you with include:
Advising you as to your options concerning child support which may consist of setting up a personal child assistance arrangement, in either a minimal or binding child support agreement.
Personal arrangements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Wantirna
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to modify the Department assessed child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based on a basic formula, but can be changed under various circumstances (up or down) based upon factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also apply. The modification of assessment procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Wantirna Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 basically enables a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Wantirna 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 permanently finalise spousal maintenance commitments.
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 provide protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses 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.
Lots of people in Wantirna may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their email account or web 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 alongside couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually 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) are thought about to be a legal entity for the purpose of family law Wantirna.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a married couple.