Divorce And Separation Lawyers In Wentworth
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Wentworth to be separated but to continue living in the exact 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 kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the husband and wife and there is no commitment on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they should request a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to acquire.
You do not need us to inform you exactly what child support is or to get a basic idea of what your obligation (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.
However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with a few of the lesser known areas and intricacies, and help you to strategically prepare your child support plans and obligations for the future to ensure the very best possible plan remains in place offered your and the other parents situations. Call us 1300 241 740 today if you need a custody lawyer Wentworth.
Some areas that Our Family Law Wentworth can help you with include:
Advising you as to your choices concerning child support which may include organizing a private child support arrangement, in either a limited or binding child assistance agreement.
Private arrangements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher flexibility 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 get rid of the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Wentworth
We can assist in converting the unsettled amount from a Commonwealth debt to a private 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 spouse at the worldwide airport gate terminal.
Assisting you to modify the Department evaluated child assistance amount to better suit your individual circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be altered under various situations (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other scenarios also use. The modification of assessment procedure can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Wentworth Pre-nuptials And Financial Agreements
Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Wentworth looking for to settle 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 permanently finalise spousal maintenance obligations.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security 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 kids.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes 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 security or wellbeing.
Many people in Wentworth 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 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 residential or commercial property settlement and spousal maintenance identified in the Family Court along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real domestic basis for at least 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Wentworth.
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 residential or commercial property and financial support, in very much the same way as a married couple.