Divorce And Separation Lawyers In Woodstock West
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 grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This suggests an individual can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Woodstock West to be separated however to continue residing in the same house during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to show to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are performed totally separately from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should request a divorce.
It is important to be mindful that proceedings 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 exactly what child support is or to get a basic idea of what your obligation (or entitlement) will be.
There is a fast 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 determine child assistance can be a complex and painful minefield. We can assist you with some of the lesser known areas and intricacies, and assist you to tactically plan your child support arrangements and obligations for the future to guarantee the best possible plan is in place provided your and the other moms and dads scenarios. Call us 1300 241 740 now if you need a custody lawyer Woodstock West.
Some areas that Our Family Law Woodstock West can help you with include:
Advising you regarding your choices relating to child assistance which might include organizing a personal child support arrangement, in either a restricted or binding child assistance arrangement.
Private agreements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Woodstock West
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to modify the Department examined child support amount to much better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be modified under different circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other scenarios also apply. The change of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Woodstock West Pre-nuptials And Financial Agreements
Financial arrangements (likewise known informally as ‘pre-nups’) are not for everybody, 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 generally enables a personal agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Woodstock West seeking to finalise 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 just are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes a much larger 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 Woodstock West may now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or 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 along with couples.
In spite 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 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) are thought about to be a legal entity for the purpose of family law Woodstock West.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial support, in very much the same way as a couple.