Divorce And Separation Lawyers In Williamstown North
Australian Law operates on the principle of no-fault divorce. This implies 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 make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Williamstown North to be separated however to continue living in the exact same house throughout the twelve months, which is referred to 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 proper arrangements have been made for them.
Divorce procedures are carried out totally separately from other proceedings between the husband and wife and there is no responsibility on a party to begin divorce proceedings before 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 very important to be aware that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to obtain.
You do not need us to tell you what child assistance is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a fast children support estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and intricacies, and assist you to tactically plan your child support plans and commitments for the future to ensure the very best possible plan remains in place given your and the other moms and dads scenarios. Call us 1300 241 740 now if you need a custody lawyer Williamstown North.
Some areas that Our Family Law Williamstown North can help you with include:
Advising you as to your choices relating to child assistance which might consist of organizing a personal child assistance agreement, in either a limited or binding child support agreement.
Personal agreements supply certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Williamstown North
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to modify the Department examined child support amount to better suit your specific circumstances.
Evaluations are prepared by the Department based on a standard formula, but can be modified under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also use. The change of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Williamstown North Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 enables a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a considerable amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Williamstown North seeking to settle their responsibilities to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can permanently finalise spousal maintenance responsibilities.
Family violence (also called 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 accusations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses a much broader scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.
Many people in Williamstown North may now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes 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 property settlement and spousal maintenance determined in the Family Court alongside 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 a minimum of 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 Williamstown North.
De facto spouses must not fear that they must walk away 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.