Divorce And Separation Lawyers In Warragul
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 approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This suggests an individual can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Warragul to be separated however to continue residing in the same home throughout 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 give a divorce if it is satisfied that appropriate plans have been made for them.
Divorce procedures are performed totally separately from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must apply for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to acquire.
You do not require us to tell you what child support is or to get a general idea of what your responsibility (or entitlement) will be.
There is a fast children assistance estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and complexities, and assist you to strategically prepare your child support arrangements and commitments for the future to ensure the very best possible plan remains in place given your and the other parents situations. Call us 1300 241 740 today if you need a custody lawyer Warragul.
Some areas that Our Family Law Warragul can help you with consist of:
Advising you as to your alternatives relating to child assistance which might consist of arranging a personal child assistance arrangement, in either a minimal or binding child assistance arrangement.
Personal agreements provide certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Warragul
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to alter the Department examined child assistance amount to much better match your specific situations.
Evaluations are prepared by the Department based on a basic formula, but can be changed under different circumstances (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 additional extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other scenarios also apply. The modification of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Warragul Pre-nuptials And Financial Agreements
Financial arrangements (also known informally 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 private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant sum of money, including the expenses connected 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 Warragul seeking to settle 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 monetary agreement can completely settle spousal maintenance responsibilities.
Family violence (also called domestic violence) is taken very seriously by the Courts, not just 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 children.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes a much broader scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their security or wellbeing.
Many people in Warragul might now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text, 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 property settlement and spousal maintenance determined in the Family Court alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real domestic basis for a minimum of 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 considered to be a legal entity for the purpose of family law Warragul.
De facto spouses should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a couple.