Divorce And Separation Lawyers In Waterford
Australian Law operates on the principle of no-fault divorce. This means 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 marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This means 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 Waterford to be separated but 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 kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they should apply for a divorce.
It is necessary to be conscious that proceedings for property settlement and spousal maintenance should 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 difficult to get.
You do not need us to tell you what child assistance is or to get a general idea of what your commitment (or entitlement) will be.
There is a fast children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to determine child assistance 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 arrangements and commitments for the future to make sure the best possible arrangement is in place provided your and the other moms and dads situations. Call us 1300 241 740 today if you need a custody lawyer Waterford.
Some areas that Our Family Law Waterford can help you with consist of:
Advising you regarding your choices regarding child support which may include setting up a private child assistance arrangement, in either a limited or binding child support agreement.
Personal arrangements provide certainty for both parents 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 handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Waterford
We can help in converting the unpaid 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 international airport gate terminal.
Assisting you to change the Department examined child support amount to much better suit your specific situations.
Evaluations are prepared by the Department based on a basic formula, but can be modified under various situations (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also use. The modification of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Waterford 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 enables a private arrangement to be formalised and prevents the later involvement 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 litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Waterford looking for to finalise their obligations 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 financial agreement can permanently settle spousal maintenance obligations.
Family violence (likewise 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 figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) 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 person and triggers them to fear for their safety or wellbeing.
Many people in Waterford might now be surprised to find 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, monitoring their email account or internet browser history.
De Facto Relationships
In March 2009 a brand-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 identified in the Family Court along with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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) are considered to be a legal entity for the purpose of family law Waterford.
De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a married couple.