Divorce And Separation Lawyers In Mount Macedon
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This indicates an individual can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Mount Macedon to be separated but to continue residing in the very same house throughout 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 during this time.
If there are kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct plans have actually been made for them.
Divorce proceedings are conducted entirely separately from other proceedings in between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they need to make an application for a divorce.
It is very important 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 difficult to get. Call us today if you’re looking for a Family Mediation Lawyer Mount Macedon.
You do not require us to inform you what child assistance is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a fast children support estimator on the site 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 support can be a complex and painful minefield. We can assist you with some of the lesser known areas and intricacies, and help you to strategically prepare your child support arrangements and commitments for the future to ensure the very best possible plan remains in place offered your and the other moms and dads circumstances.
Some areas that Our Family Law Mount Macedon can help you with include:
Advising you as to your choices regarding child support which may include setting up a private child assistance agreement, in either a minimal or binding child support agreement.
Private arrangements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater 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 bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Mount Macedon
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to modify the Department assessed child assistance amount to much better match your individual circumstances.
Assessments are prepared by the Department based on a basic formula, however can be changed under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is income poor but ‘asset rich’, etc. Other scenarios also use. The change of evaluation procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Mount Macedon Pre-nuptials And Financial Agreements
Monetary agreements (also 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 generally enables a personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the expenses 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 Mount Macedon 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 financial agreement can completely settle spousal maintenance responsibilities.
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 claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much broader 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 causes them to fear for their safety or wellbeing.
Lots of people in Mount Macedon may now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, 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 cohabited on an authentic 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) are considered to be a legal entity for the purpose of family law Mount Macedon.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial backing, in very much the same way as a couple.