Divorce And Separation Lawyers In San Remo
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to approve 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 needs to has been separated for a minimum of twelve months and one day. This means a person can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in San Remo to be separated but 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 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 appropriate plans have been made for them.
Divorce procedures are performed completely separately from other proceedings between the husband and wife and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must apply for a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to get. Call us now if you’re looking for a Family Mediation Lawyer San Remo.
You don’t need 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 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 support can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and help you to strategically prepare your child support arrangements and obligations for the future to make sure the very best possible plan remains in place given your and the other parents situations.
Some areas that Our Family Law San Remo can assist you with include:
Advising you regarding your choices regarding child support which might include setting up a personal child support agreement, in either a minimal or binding child support arrangement.
Personal arrangements supply certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable greater versatility in the method of payment (direct funding 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 deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In San Remo
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 debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department assessed child assistance amount to better match your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be modified under various situations (up or down) based on aspects such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also apply. The change of assessment procedure can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
San Remo Pre-nuptials And Financial Agreements
Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, nevertheless 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 basically permits a personal arrangement 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, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in San Remo seeking to settle their obligations 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 financial agreement can permanently settle spousal maintenance obligations.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide 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 definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses 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 person and causes them to fear for their security or wellbeing.
Many people in San Remo may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or web 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 along with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real domestic basis for at least 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 thought about to be a legal entity for the purpose of family law San Remo.
De facto partners must not fear that they should 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.