Divorce And Separation Lawyers In Williamstown
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to give a divorce if there has actually 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 suggests a person 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 to be separated however to continue living in the very same house 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 throughout this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are performed totally separately from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must apply for a divorce.
It is important to be conscious that procedures for property settlement and spousal maintenance must 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 difficult to acquire.
You don’t need us to tell you what child support is or to get a general concept of what your obligation (or entitlement) will be.
There is a fast children assistance estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can assist you with some of the lower recognized areas and intricacies, and help you to tactically plan your child support plans and responsibilities for the future to ensure the very best possible plan is in place given your and the other parents situations. Call us 1300 241 740 today if you need a custody lawyer Williamstown.
Some areas that Our Family Law Williamstown can assist you with include:
Advising you regarding your alternatives relating to child support which might include arranging a personal child support arrangement, in either a limited or binding child assistance agreement.
Private arrangements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Williamstown
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department assessed child support amount to better match your specific situations.
Evaluations are prepared by the Department based upon a standard formula, however can be changed under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other circumstances also use. The change of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Williamstown Pre-nuptials And Financial Agreements
Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:
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 permits a personal agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a substantial sum of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Williamstown looking for to finalise 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 monetary agreement can permanently settle spousal maintenance obligations.
Family violence (also known 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, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates 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 individuals in Williamstown may now be shocked to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 identified in the Family Court alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together 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) are thought about to be a legal entity for the purpose of family law Williamstown.
De facto partners should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial backing, in very much the same way as a married couple.