Divorce And Separation Lawyers In Wheelers Hill
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able 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 needs to has been separated for at least twelve months and one day. This implies an individual can not request divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Wheelers Hill to be separated however to continue living in the same home 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 during this time.
If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are performed entirely individually from other proceedings in between the couple and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they must apply for a divorce.
It is very important 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 tough to acquire.
You do not require 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 assistance estimator on the website of the Department of Human Services Child Assistance (” 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 some of the lesser known areas and intricacies, and help you to strategically plan your child support arrangements and responsibilities for the future to ensure the best possible arrangement remains in place offered your and the other moms and dads scenarios. Call us 1300 241 740 today if you need a custody lawyer Wheelers Hill.
Some areas that Our Family Law Wheelers Hill can assist you with consist of:
Advising you regarding your options concerning child assistance which may consist of organizing a personal child support agreement, in either a restricted or binding child assistance arrangement.
Personal agreements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct financing 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 administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Wheelers Hill
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Helping you to alter the Department examined child assistance amount to much better match your individual situations.
Assessments are prepared by the Department based upon a basic formula, but can be modified under various situations (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other situations also apply. The change of evaluation process can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Wheelers Hill Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, however they can be useful:
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 allows a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the expenses connected 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 Wheelers Hill 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 settle spousal maintenance responsibilities.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was expanded 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 individuals in Wheelers Hill may now be surprised to discover 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, monitoring their email account or internet 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 together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together 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) are thought about to be a legal entity for the purpose of family law Wheelers Hill.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial support, in very much the same way as a married couple.