Divorce And Separation Lawyers In Woodvale
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to grant 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 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 Woodvale to be separated however to continue living in the 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 children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are conducted completely individually from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they must request a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to acquire.
You do not need us to inform you what child support is or to get a general concept of what your commitment (or entitlement) will be.
There is a quick children support 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 determine child support can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and complexities, and help you to strategically plan your child support plans and obligations for the future to ensure the very best possible plan is in place provided your and the other parents scenarios. Call us 1300 241 740 today if you need a custody lawyer Woodvale.
Some areas that Our Family Law Woodvale can help you with consist of:
Advising you as to your alternatives regarding child assistance which may include setting up a private child assistance arrangement, in either a restricted or binding child support agreement.
Private arrangements supply certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable greater versatility 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 get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Woodvale
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Helping you to change the Department assessed child support amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based on a standard formula, however can be altered under different circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other situations also apply. The change of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Woodvale Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, 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 essentially permits a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a significant amount of money, consisting of the expenses connected 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 Woodvale seeking 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 permanently finalise spousal maintenance obligations.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, however 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 meaning 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 individuals in Woodvale may now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail 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 couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 residential or commercial property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law Woodvale.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a married couple.