Divorce And Separation Lawyers In Ravenhall
Australian Law operates on the principle of no-fault divorce. This means 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 marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Ravenhall to be separated however to continue residing in the exact same house throughout 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 kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are performed completely separately from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they should apply for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance should 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 hard to obtain. Call us now if you’re looking for a Family Mediation Lawyer Ravenhall.
You do not need us to tell you what child support is or to get a general idea of what your obligation (or entitlement) will be.
There is a quick children support 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 calculate child assistance can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and help you to strategically plan your child support plans and obligations for the future to ensure the best possible arrangement remains in place given your and the other moms and dads situations.
Some areas that Our Family Law Ravenhall can assist you with consist of:
Advising you as to your choices regarding child assistance which might include setting up a private child assistance agreement, in either a limited or binding child support agreement.
Private arrangements supply certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher 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 eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Ravenhall
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to change the Department examined child support amount to much better suit your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be altered under various circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a kid has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other scenarios also apply. The modification of evaluation process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Ravenhall Pre-nuptials And Financial Agreements
Financial arrangements (likewise known informally 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 essentially permits a private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the expenses 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 Ravenhall looking for to settle 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 completely settle spousal maintenance commitments.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only 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 identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses a much broader 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 safety or wellbeing.
Lots of people in Ravenhall might 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 messages, monitoring their e-mail account or internet 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 residential or commercial property settlement and spousal maintenance identified in the Family Court along with married couples.
Despite 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 child, registered their relationship under the law of the State or one made a significant contribution to the 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 Ravenhall.
De facto spouses should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a married couple.