Divorce And Separation Lawyers In Westbury
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means a person can not make an application for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Westbury to be separated however to continue residing in the very same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have 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 give a divorce if it is satisfied that proper plans have actually been made for them.
Divorce procedures are performed entirely individually from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to request a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to acquire.
You do not require us to tell you exactly what child assistance is or to get a basic idea of what your obligation (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 compute child support can be a complex and painful minefield. We can help you with some of the lower recognized areas and intricacies, and help you to strategically prepare your child support plans and commitments for the future to ensure the best possible plan remains in place given your and the other parents scenarios. Call us 1300 241 740 today if you need a custody lawyer Westbury.
Some areas that Our Family Law Westbury can help you with include:
Advising you as to your options concerning child assistance which may include arranging a personal child assistance arrangement, in either a minimal or binding child support agreement.
Personal arrangements offer certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable greater versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Westbury
We can assist 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 litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to change the Department assessed child assistance amount to better suit your specific circumstances.
Evaluations are prepared by the Department based upon a basic formula, however can be changed under various circumstances (up or down) based upon aspects such as the expense of maintaining the kid 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 income poor but ‘asset rich’, etc. Other scenarios also apply. The change of assessment process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Westbury Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everybody, 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 agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a considerable sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Westbury seeking to finalise 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 financial agreement can completely finalise spousal maintenance commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now includes 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 causes them to fear for their safety or wellbeing.
Many people in Westbury may 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, 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 property settlement and spousal maintenance determined in the Family Court along with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 Westbury.
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 support, in very much the same way as a couple.