Divorce And Separation Lawyers In Newbridge
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 grant 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 needs to has been separated for a minimum of twelve months and one day. This means an individual can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Newbridge 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 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 proper arrangements have actually been made for them.
Divorce procedures are conducted entirely separately from other proceedings in between the husband and wife and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should apply for a divorce.
It is very important to be mindful that procedures for property settlement and spousal maintenance must 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 tough to acquire.
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 quick 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 support can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and help you to tactically prepare your child support arrangements and responsibilities for the future to ensure the best possible arrangement is in place given your and the other moms and dads situations.
Our lawyers provides legal advice on grandparents rights Newbridge and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Newbridge can help you with include:
Advising you regarding your choices relating to child support which may consist of setting up a private child support arrangement, in either a restricted or binding child assistance agreement.
Private agreements provide certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Newbridge
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to change the Department examined child assistance amount to better match your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, however 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 intended (e.g.: private education or extra extracurricular costs), if a child has additional health or medical requirements, if a parent is earnings poor however ‘asset rich’, and so on. Other scenarios also apply. The modification of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Newbridge Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 basically allows a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Newbridge seeking to finalise 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 financial agreement can permanently finalise spousal maintenance responsibilities.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes 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 individuals in Newbridge might now be surprised 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 email 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 along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited 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 considered to be a legal entity for the purpose of family law Newbridge.
De facto partners must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a couple.