Divorce And Separation Lawyers In Maidstone
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to grant 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 must has been separated for a minimum of twelve months and one day. This means a person can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Maidstone 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 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 appropriate plans have been made for them.
Divorce proceedings are conducted entirely individually from other proceedings in between the couple and there is no responsibility on a party to commence divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they need to apply for a divorce.
It is essential to be mindful that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to get. Call us today if you’re looking for a Family Mediation Lawyer Maidstone.
You don’t need us to tell you exactly what child assistance is or to get a general idea of what your commitment (or entitlement) will be.
There is a fast children assistance 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 calculate child assistance can be a complex and painful minefield. We can assist you with some of the lower recognized areas and intricacies, and help you to strategically prepare your child support arrangements and obligations for the future to guarantee the very best possible arrangement remains in place offered your and the other parents situations.
Some areas that Our Family Law Maidstone can help you with consist of:
Advising you regarding your alternatives regarding child assistance which may include organizing a private child assistance agreement, in either a minimal or binding child support agreement.
Private arrangements supply certainty for both parents for a longer period of time (no continual 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 get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Maidstone
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to change the Department evaluated child assistance amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based on a standard formula, but can be modified under various circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other situations also apply. The change of evaluation procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Maidstone Pre-nuptials And Financial Agreements
Financial arrangements (likewise 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 basically permits a private arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Maidstone looking for to finalise their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a monetary agreement can completely finalise spousal maintenance commitments.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection 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 meaning 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 individual and causes them to fear for their safety or wellbeing.
Lots of people in Maidstone may now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their email 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 residential or commercial property settlement and spousal maintenance determined in the Family Court along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 considered to be a legal entity for the purpose of family law Maidstone.
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 property and financial backing, in very much the same way as a couple.