Divorce And Separation Lawyers In Portland West
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 is able to grant a divorce if there has 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 at least twelve months and one day. This indicates an individual can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Portland West to be separated but to continue living in the exact same house during the twelve months, which is referred to 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 give a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are performed totally separately from other proceedings in between the couple and there is no obligation on a party to start divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they should request a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to get. Call us today if you’re looking for a Family Mediation Lawyer Portland West.
You don’t need us to inform you exactly what child support is or to get a general idea of what your responsibility (or entitlement) will be.
There is a quick 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 determine child assistance can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and complexities, and assist you to strategically plan your child support plans and responsibilities for the future to make sure the best possible plan is in place provided your and the other moms and dads circumstances.
Some areas that Our Family Law Portland West can help you with consist of:
Advising you as to your choices relating to child support which might consist of setting up a private child assistance agreement, in either a restricted or binding child support agreement.
Personal arrangements offer certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable greater flexibility in the approach 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 handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Portland West
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 personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to alter the Department assessed child support amount to much better match your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be modified under different situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other situations also apply. The modification of evaluation procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Portland West Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, however they can be helpful:
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 allows a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Portland West seeking to finalise their commitments 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 (likewise known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security 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
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and triggers them to fear for their security or wellbeing.
Many individuals in Portland West might 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 email account or 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 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 a minimum of 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 Portland West.
De facto spouses should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial backing, in very much the same way as a married couple.