Divorce And Separation Lawyers In Willow Grove
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court has the ability 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 should has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Willow Grove to be separated however to continue residing in the very same home throughout the twelve months, which is known as ‘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 throughout 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 plans have been made for them.
Divorce proceedings are conducted completely separately from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings before doing something about it 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 necessary to be mindful that procedures for property settlement and spousal maintenance need to 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 challenging to get.
You don’t need us to tell you what child support is or to get a basic concept of what your obligation (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 compute child support can be a complex and painful minefield. We can assist you with a few of the lower known areas and complexities, and assist you to strategically prepare your child support plans and obligations for the future to make sure the very best possible plan is in place offered your and the other parents circumstances. Call us 1300 241 740 today if you need a custody lawyer Willow Grove.
Some areas that Our Family Law Willow Grove can help you with include:
Advising you regarding your alternatives regarding child support which might consist of arranging a private child support arrangement, in either a minimal or binding child assistance agreement.
Private arrangements supply certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the approach 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 handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Willow Grove
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to change the Department examined child assistance amount to better suit your specific circumstances.
Assessments are prepared by the Department based on a basic formula, however can be altered under various situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (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 situations also use. The modification of assessment process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Willow Grove Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, however 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 essentially permits a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Willow Grove seeking 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 finalise spousal maintenance commitments.
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, 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 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 triggers them to fear for their safety or wellbeing.
Lots of people in Willow Grove may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or internet 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 determined 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 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 Willow Grove.
De facto spouses should not fear that they must 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.