Divorce And Separation Lawyers In Woodstock On Loddon
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for at least twelve months and one day. This means 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 Woodstock On Loddon to be separated however to continue living 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 need 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 just give a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce procedures are carried out totally individually from other proceedings in between the couple and there is no commitment on a party to start divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to make an application for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to get.
You don’t require us to inform you exactly what child support is or to get a basic idea 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 Support (” the Department”) which you can use.
However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to ensure the very best possible plan is in place given your and the other moms and dads circumstances. Call us 1300 241 740 today if you need a custody lawyer Woodstock On Loddon.
Some areas that Our Family Law Woodstock On Loddon can assist you with include:
Advising you as to your options concerning child support which might include setting up a personal child support arrangement, in either a restricted or binding child assistance agreement.
Private agreements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable higher 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 remove the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Woodstock On Loddon
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to modify the Department assessed child assistance amount to better suit your individual situations.
Assessments are prepared by the Department based upon a standard formula, but can be changed under various situations (up or down) based upon aspects such as the expense of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a kid has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation procedure can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Woodstock On Loddon Pre-nuptials And Financial Agreements
Financial arrangements (also known informally 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 generally enables a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Woodstock On Loddon seeking to finalise 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 settle spousal maintenance obligations.
Family violence (also 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, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was widened 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.
Many people in Woodstock On Loddon might now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or 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 along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 Woodstock On Loddon.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a married couple.