Divorce And Separation Lawyers In North Shore
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to give 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 must has been separated for at least twelve months and one day. This indicates an individual can not make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in North Shore 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 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 only grant a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce proceedings are carried out completely separately from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must apply for a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance must be begun 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 obtain. Call us now if you’re looking for a Family Mediation Lawyer North Shore.
You do not require us to inform you what child assistance is or to get a general concept of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the site 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 support can be a complex and painful minefield. We can help you with some of the lower known areas and complexities, and help you to strategically plan your child support plans and responsibilities for the future to make sure the best possible arrangement remains in place given your and the other moms and dads circumstances.
Some areas that Our Family Law North Shore can help you with include:
Advising you as to your options relating to child support which may consist of setting up a private child assistance arrangement, in either a limited or binding child assistance agreement.
Personal agreements provide certainty for both parents 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 remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In North Shore
We can assist in converting the unsettled amount from a Commonwealth debt to a private 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 unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to modify the Department assessed child support amount to better match your specific circumstances.
Assessments are prepared by the Department based on a standard formula, however can be changed under different circumstances (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a child 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 assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
North Shore Pre-nuptials And Financial Agreements
Monetary arrangements (also 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 essentially allows a private agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a considerable 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 coverage or life insurance.
For separated couples in North Shore looking for to finalise their responsibilities 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 permanently settle spousal maintenance commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any accusations 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 broader 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 security or wellbeing.
Many individuals in North Shore might now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their email account or web 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.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 unit) are thought about to be a legal entity for the purpose of family law North Shore.
De facto spouses should not fear that they must walk away 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 married couple.