Divorce And Separation Lawyers In West Footscray
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies 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 West Footscray to be separated however to continue living in the exact same home during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they have 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 approve a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce procedures are performed totally separately from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they need to apply for a divorce.
It is important to be mindful that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to acquire.
You do not need us to tell you exactly what child support is or to get a general idea of what your obligation (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.
However, 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 lower known areas and intricacies, and assist you to tactically prepare your child support arrangements and commitments for the future to guarantee the very best possible plan remains in place offered your and the other moms and dads circumstances. Call us 1300 241 740 now if you need a custody lawyer West Footscray.
Some areas that Our Family Law West Footscray can help you with include:
Advising you as to your options relating to child assistance which may include setting up a private child assistance agreement, in either a restricted or binding child support agreement.
Personal arrangements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater flexibility 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 get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In West Footscray
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the worldwide airport gate terminal.
Assisting you to modify the Department evaluated child support amount to much better suit your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, however can be modified under different situations (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also apply. The change of assessment process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
West Footscray Pre-nuptials And Financial Agreements
Financial agreements (also 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 permits a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a substantial amount 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 West Footscray looking for to settle 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 permanently finalise 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 claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses 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.
Many individuals in West Footscray may now be surprised 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 e-mail account or 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 determined in the Family Court along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited 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 thought about to be a legal entity for the purpose of family law West Footscray.
De facto spouses should not fear that they must leave 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 couple.