Divorce And Separation Lawyers In Whitfield
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 give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This indicates an individual can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Whitfield to be separated but to continue living in the exact same home during the twelve months, which is referred to 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 appropriate plans have actually been made for them.
Divorce proceedings are carried out completely separately from other proceedings in between the couple and there is no obligation on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they should make an application for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to obtain.
You don’t need us to inform you what child support is or to get a general idea of what your commitment (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 calculate child assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and complexities, and help you to tactically prepare your child support arrangements and commitments for the future to ensure the best possible arrangement remains in place offered your and the other parents situations. Call us 1300 241 740 now if you need a custody lawyer Whitfield.
Some areas that Our Family Law Whitfield can assist you with include:
Advising you as to your options concerning child support which may consist of organizing a private child assistance agreement, in either a minimal or binding child assistance agreement.
Personal arrangements offer certainty for both parents for a longer period of time (no continuous 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 eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Whitfield
We can help in converting the unsettled 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 unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to modify the Department examined child assistance amount to much better suit your specific situations.
Evaluations are prepared by the Department based upon a standard formula, but can be modified under different situations (up or down) based on factors such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other scenarios also apply. The modification of evaluation process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Whitfield Pre-nuptials And Financial Agreements
Monetary agreements (also 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 enables a personal agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a substantial sum of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Whitfield looking for to finalise their commitments 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 offer security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) 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.
Many people in Whitfield may now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their email 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 identified in the Family Court together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 residential or commercial property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Whitfield.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.