Divorce And Separation Lawyers In Woodford
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court is able to approve 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 should has been separated for a minimum of twelve months and one day. This indicates an individual can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Woodford to be separated but to continue residing in the very same house throughout the twelve months, which is known 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 approve a divorce if it is satisfied that proper plans have actually been made for them.
Divorce proceedings are performed entirely individually from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they should apply for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to get.
You don’t require us to tell you what child support is or to get a general idea of what your commitment (or entitlement) will be.
There is a fast children support 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 compute child assistance can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and complexities, and help you to tactically plan your child support arrangements and commitments for the future to guarantee the very best possible arrangement remains in place offered your and the other parents circumstances. Call us 1300 241 740 today if you need a custody lawyer Woodford.
Some areas that Our Family Law Woodford can help you with include:
Advising you as to your alternatives regarding child assistance which may include organizing a personal child assistance arrangement, in either a restricted or binding child support agreement.
Personal agreements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable greater flexibility 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 bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Woodford
We can help in converting the unsettled 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 steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to alter the Department examined child assistance amount to better suit your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be changed under different circumstances (up or down) based on factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Woodford Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known informally 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 agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Woodford looking for to finalise their responsibilities 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 completely settle spousal maintenance obligations.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition 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 person and causes them to fear for their safety or wellbeing.
Lots of people in Woodford might now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 alongside married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Woodford.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.