Divorce And Separation Lawyers In Mulgrave
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 marriage has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This means an individual can not make an application for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Mulgrave to be separated but to continue living in the 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 need 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 give a divorce if it is satisfied that correct plans have actually been made for them.
Divorce procedures are carried out totally individually from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they need to apply for a divorce.
It is necessary to be conscious that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to acquire.
You don’t require us to inform you exactly what child assistance is or to get a general idea of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and assist you to strategically plan your child support plans and commitments for the future to make sure the best possible plan remains in place provided your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Mulgrave and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Mulgrave can help you with include:
Advising you as to your options regarding child support which might consist of organizing a personal child assistance agreement, in either a minimal or binding child assistance arrangement.
Private arrangements provide certainty for both parents for a longer period of time (no continuous 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 costs in part or in lieu), and eliminate the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Mulgrave
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to alter the Department examined child support amount to much better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be modified under various situations (up or down) based on factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other situations also apply. The change of assessment procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Mulgrave Pre-nuptials And Financial Agreements
Financial agreements (likewise 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 essentially enables a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a substantial amount of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Mulgrave looking for 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 monetary agreement can completely settle spousal maintenance obligations.
Family violence (likewise known as 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 includes a much wider 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 causes them to fear for their safety or wellbeing.
Many individuals in Mulgrave may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring 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 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 along with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Mulgrave.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial backing, in very much the same way as a couple.