Divorce And Separation Lawyers In Ravenswood
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage 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 broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates a person can not make an application for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Ravenswood to be separated but to continue living in the very 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 show to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are performed completely individually from other proceedings between the couple and there is no obligation on a party to commence divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they should make an application for a divorce.
It is very important to be mindful that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to acquire. Call us now if you’re looking for a Family Mediation Lawyer Ravenswood.
You do not require us to inform you what child support is or to get a basic concept of what your obligation (or entitlement) will be.
There is a quick children support 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 calculate child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and help you to tactically prepare your child support plans and obligations for the future to make sure the very best possible plan remains in place offered your and the other parents circumstances.
Some areas that Our Family Law Ravenswood can assist you with consist of:
Advising you as to your choices relating to child assistance which might consist of setting up a personal child assistance agreement, in either a minimal or binding child support arrangement.
Personal agreements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct funding 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.
Helping In Steps To Recover Unpaid Child Assistance In Ravenswood
We can assist 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 steps such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.
Helping you to modify the Department examined child support amount to much better suit your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, however can be modified under different circumstances (up or down) based upon factors such as the cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The modification of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Ravenswood Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everyone, however 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 generally enables a personal agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a considerable amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Ravenswood looking for to settle 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 completely finalise 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 offer protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates a much wider 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 causes them to fear for their security or wellbeing.
Lots of people in Ravenswood may now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes 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 property settlement and spousal maintenance identified in the Family Court together with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together 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 unit) are thought about to be a legal entity for the purpose of family law Ravenswood.
De facto spouses must not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.