Divorce And Separation Lawyers In Waterford Park
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 has the ability to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This implies a person can not make an application for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Waterford Park to be separated however to continue living in the exact same home during the twelve months, which is referred to 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 kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce proceedings are conducted entirely 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 marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they need to make an application for a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance need to be commenced 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 don’t need us to inform you what child assistance is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a fast children assistance 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 calculate child support can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and assist you to strategically prepare your child support plans and commitments for the future to guarantee the very best possible plan is in place given your and the other parents situations. Call us 1300 241 740 now if you need a custody lawyer Waterford Park.
Some areas that Our Family Law Waterford Park can help you with include:
Advising you regarding your alternatives concerning child support which might include organizing a private child support arrangement, in either a restricted or binding child support agreement.
Personal agreements provide certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Waterford Park
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 litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to modify the Department evaluated child assistance amount to better suit your specific situations.
Evaluations are prepared by the Department based upon a basic formula, but can be changed under different circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other situations also apply. The change of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Waterford Park Pre-nuptials And Financial Agreements
Financial agreements (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 generally enables a private arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Waterford Park 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 completely finalise spousal maintenance obligations.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was widened 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 causes them to fear for their safety or wellbeing.
Many people in Waterford Park may now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text messages, 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 together 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 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 Waterford Park.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial support, in very much the same way as a married couple.