Divorce And Separation Lawyers In Woodfield
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out 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 marriage has broken down irretrievably the couple must has been separated for at least twelve months and one day. This suggests an individual can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Woodfield to be separated however to continue residing 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 have to prove 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 proper plans have been made for them.
Divorce procedures are carried out totally individually from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings prior to 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 should request a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to obtain.
You don’t need us to tell you exactly what child support is or to get a basic concept 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 compute child assistance can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and complexities, and assist you to tactically plan your child support plans and responsibilities for the future to guarantee the very best possible arrangement is in place given your and the other moms and dads scenarios. Call us 1300 241 740 now if you need a custody lawyer Woodfield.
Some areas that Our Family Law Woodfield can assist you with include:
Advising you as to your choices regarding child assistance which might include setting up a private child assistance arrangement, in either a restricted or binding child assistance arrangement.
Private agreements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable higher flexibility 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 remove the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Woodfield
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to allow 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 global airport gate terminal.
Helping you to modify the Department examined child support amount to better suit your individual situations.
Evaluations are prepared by the Department based upon a basic formula, however can be changed under various situations (up or down) based upon aspects such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other situations also use. The change of evaluation process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Woodfield Pre-nuptials And Financial Agreements
Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 allows a private agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant 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 coverage or life insurance.
For separated couples in Woodfield looking for to settle 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 financial agreement can completely finalise spousal maintenance responsibilities.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only 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 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 wider scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their security or wellbeing.
Many individuals in Woodfield might now be shocked to find 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 e-mail 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 together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine domestic basis for at least 2 years (or less if they have a kid, 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 Woodfield.
De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a married couple.