Divorce And Separation Lawyers In Waterholes
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple must has been separated for at least twelve months and one day. This means a person can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Waterholes to be separated but 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 need to prove to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will only give a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce procedures are carried out totally separately from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings before taking action in relation to any 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 very important to be aware that proceedings for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to get.
You do not need us to tell you what child support is or to get a general concept of what your commitment (or entitlement) will be.
There is a quick children assistance 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 compute child support can be a complex and painful minefield. We can assist you with some of the lesser known areas and intricacies, and help you to tactically prepare your child support arrangements and obligations for the future to ensure the best possible plan is in place offered your and the other moms and dads situations. Call us 1300 241 740 now if you need a custody lawyer Waterholes.
Some areas that Our Family Law Waterholes can help you with include:
Advising you as to your options relating to child support which may include setting up a private child assistance agreement, in either a restricted or binding child support arrangement.
Private agreements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the approach 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 Unsettled Child Support In Waterholes
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 personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Helping you to modify the Department examined child assistance amount to better match your individual situations.
Assessments are prepared by the Department based upon a basic formula, but can be changed under various circumstances (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other scenarios also apply. The change of assessment procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Waterholes Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally as ‘pre-nups’) are not for everyone, however they can be helpful:
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 essentially allows 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 substantial sum of money, consisting of the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Waterholes looking for 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 financial agreement can completely settle spousal maintenance responsibilities.
Family violence (also referred to as 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 claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates a much larger 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.
Lots of people in Waterholes might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or web 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 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Waterholes.
De facto spouses should not fear that they should walk away 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 married couple.