Divorce And Separation Lawyers In Prahran
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 is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This means a person can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Prahran to be separated but to continue residing in the very same home during 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 prove to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that appropriate plans have been made for them.
Divorce procedures are carried out totally separately from other proceedings in between the husband and wife and there is no responsibility on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they should make an application for a divorce.
It is necessary to be aware that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only 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 Prahran.
You do not need us to inform you what child assistance is or to get a general idea of what your commitment (or entitlement) will be.
There is a quick children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with a few of the lower known areas and complexities, and help you to tactically prepare your child support plans and commitments for the future to make sure the best possible plan is in place given your and the other moms and dads situations.
Some areas that Our Family Law Prahran can assist you with include:
Advising you as to your options concerning child assistance which might consist of arranging a personal child assistance agreement, in either a restricted or binding child support arrangement.
Personal agreements offer certainty for both parents for a longer amount of time (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 get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Prahran
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department assessed child assistance amount to much better match your specific situations.
Assessments are prepared by the Department based upon a standard formula, but can be altered under different circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Prahran Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially 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 arrangement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Prahran looking for to finalise their commitments 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 monetary agreement can permanently settle spousal maintenance obligations.
Family violence (also called 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 allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much larger 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 Prahran might now be shocked 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, monitoring their email account or internet 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 property settlement and spousal maintenance identified in the Family Court alongside married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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) are considered to be a legal entity for the purpose of family law Prahran.
De facto partners should not fear that they should 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.