Divorce And Separation Lawyers In Navigators
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Navigators to be separated however to continue residing in the very 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 have 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 proper plans have been made for them.
Divorce proceedings are conducted totally individually from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they must request a divorce.
It is very important to be aware that procedures 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 challenging to get.
You don’t need us to tell you exactly 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 site of the Department of Human Services Child Assistance (” 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 a few of the lower known areas and complexities, and assist you to strategically prepare your child support plans and responsibilities for the future to guarantee the best possible plan is in place provided your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Navigators and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Navigators can help you with include:
Advising you regarding your options regarding child assistance which might include arranging a private child support agreement, in either a restricted or binding child support agreement.
Private agreements offer certainty for both moms and dads for a longer time period (no continuous 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 remove the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Navigators
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to change the Department examined child assistance amount to better suit your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, however can be altered under various circumstances (up or down) based on factors such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Navigators Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 generally permits a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a significant amount of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Navigators seeking to settle their responsibilities 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 (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was widened 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 causes them to fear for their security or wellbeing.
Many individuals in Navigators may now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email account or 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 alongside couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 Navigators.
De facto partners must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a couple.