Divorce And Separation Lawyers In Yanac
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 actually been an irretrievable breakdown of marital relationship. 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 a person can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Yanac to be separated but to continue living in the same house throughout the twelve months, which is referred to as ‘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 during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate plans have been made for them.
Divorce procedures are conducted 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 other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should make an application for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to get.
You don’t need us to tell you what child support is or to get a general concept 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.
Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and intricacies, and assist you to strategically plan your child support plans and responsibilities for the future to ensure the best possible arrangement is in place given your and the other moms and dads circumstances. Call us 1300 241 740 now if you need a custody lawyer Yanac.
Some areas that Our Family Law Yanac can help you with include:
Advising you regarding your alternatives regarding child assistance which might include organizing a personal child assistance arrangement, in either a minimal or binding child assistance agreement.
Personal agreements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and get rid of the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Yanac
We can assist 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 steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Helping you to modify the Department assessed child support amount to much better match your specific circumstances.
Evaluations 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 cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also use. The change of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Yanac Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially 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 allows a personal agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the costs associated 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 Yanac looking for 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 financial 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 protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now includes a much wider scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and triggers them to fear for their safety or wellbeing.
Many individuals in Yanac might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their email account or internet 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 alongside married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Yanac.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.