Divorce And Separation Lawyers In Woodside North
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to approve a divorce if there has 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 indicates 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 Woodside North to be separated but to continue residing in the exact same house during the twelve months, which is called ‘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 grant a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are conducted entirely individually from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to apply for a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to acquire.
You don’t need us to tell you exactly what child assistance is or to get a basic idea of what your commitment (or entitlement) will be.
There is a quick children support estimator on the site of the Department of Human Services Child Support (” 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 complexities, and help you to tactically prepare your child support plans and obligations for the future to ensure the very best possible arrangement remains in place given your and the other moms and dads scenarios. Call us 1300 241 740 now if you need a custody lawyer Woodside North.
Some areas that Our Family Law Woodside North can assist you with include:
Advising you as to your choices regarding child support which might include setting up a private child support agreement, in either a limited or binding child support arrangement.
Private arrangements offer certainty for both parents for a longer amount 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 deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Woodside North
We can assist 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 actions such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Helping you to change the Department evaluated child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be altered under different situations (up or down) based on aspects such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Woodside North Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially 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 essentially permits a personal agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a substantial sum of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Woodside North looking for to settle 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 financial agreement can completely settle spousal maintenance responsibilities.
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 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 kids.
The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates a much larger 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 triggers them to fear for their safety or wellbeing.
Lots of people in Woodside North may now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email account or web 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 couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real domestic basis for a minimum of 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 Woodside North.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a couple.