Divorce And Separation Lawyers In Narre Warren South
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to give a divorce if there has 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 at least twelve months and one day. This implies a person can not request divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Narre Warren South to be separated but to continue living in the exact same home throughout the twelve months, which is known 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 throughout this time.
If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are conducted completely separately from other proceedings in between the husband and wife and there is no obligation on a party to start divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should request a divorce.
It is very 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 duration with the approval of the Court, and this is difficult to acquire.
You don’t require us to inform you what child support is or to get a general concept of what your commitment (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 determine child assistance can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and help you to strategically prepare your child support plans and commitments for the future to guarantee the very best possible plan is in place provided your and the other moms and dads circumstances.
Our lawyers provides legal advice on grandparents rights Narre Warren South and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Narre Warren South can assist you with consist of:
Advising you regarding your choices relating to child assistance which might include setting up a personal child assistance agreement, in either a limited or binding child support agreement.
Personal agreements offer certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher versatility in the approach 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 handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Narre Warren South
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue personal recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to modify the Department examined child support amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based upon a standard formula, however can be modified under different situations (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other scenarios also use. The change of evaluation process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Narre Warren South Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everybody, 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 personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant sum of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Narre Warren South looking for to finalise 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 financial agreement can completely finalise spousal maintenance commitments.
Family violence (likewise 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 figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was expanded 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 person and triggers them to fear for their safety or wellbeing.
Many people in Narre Warren South might 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, 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 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 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Narre Warren South.
De facto spouses must not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.