Divorce And Separation Lawyers In Warrandyte
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for at least twelve months and one day. This implies a person 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 Warrandyte to be separated but to continue living in the same house during the twelve months, which is known as ‘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 children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce procedures are carried out totally separately from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must apply for a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance need to 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 challenging to get.
You do not need us to tell you exactly what child assistance is or to get a basic 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 Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and help you to strategically prepare your child support arrangements and responsibilities for the future to ensure the very best possible arrangement is in place offered your and the other moms and dads situations. Call us 1300 241 740 today if you need a custody lawyer Warrandyte.
Some areas that Our Family Law Warrandyte can assist you with include:
Advising you regarding your options regarding child support which might include organizing a personal child assistance arrangement, in either a limited or binding child support agreement.
Private arrangements offer certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater flexibility 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 deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Warrandyte
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Assisting you to change the Department evaluated child assistance amount to much better match your specific situations.
Evaluations are prepared by the Department based upon a standard formula, but can be modified under different situations (up or down) based upon aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other situations also apply. The change of evaluation process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Warrandyte Pre-nuptials And Financial Agreements
Financial agreements (likewise 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 personal arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a considerable amount of money, consisting of the costs 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 Warrandyte seeking to finalise their responsibilities 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 completely finalise spousal maintenance responsibilities.
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 offer security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now includes a much larger 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 safety or wellbeing.
Many individuals in Warrandyte may now be shocked to discover 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 email account or internet 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 together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 unit) are considered to be a legal entity for the purpose of family law Warrandyte.
De facto spouses should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.