Divorce And Separation Lawyers In Newstead
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marital relationship. 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 indicates an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Newstead to be separated but to continue living in the same home throughout the twelve months, which is called ‘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 throughout this time.
If there are kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are carried out totally individually from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings before taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should make an application for a divorce.
It is essential to be mindful that procedures for property settlement and spousal maintenance need to 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 do not require us to inform you what child support is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a quick children support 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 calculate child assistance can be a complex and painful minefield. We can assist you with some of the lower recognized areas and intricacies, and assist you to strategically prepare your child support plans and obligations for the future to make sure the best possible plan is in place offered your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Newstead and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Newstead can assist you with include:
Advising you regarding your choices regarding child support which may include setting up a private child support agreement, in either a limited or binding child support agreement.
Private arrangements offer certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Newstead
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 spouse at the international airport gate terminal.
Helping you to alter the Department examined child assistance amount to better match your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be altered under different situations (up or down) based on aspects such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other situations also apply. The change of evaluation process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Newstead Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, however they can be beneficial:
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 private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a substantial amount of money, including 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 Newstead 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 monetary agreement can completely settle spousal maintenance commitments.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, but 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 abuse) was widened 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 triggers them to fear for their security or wellbeing.
Many people in Newstead may now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, 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 residential or commercial property settlement and spousal maintenance identified in the Family Court alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 thought about to be a legal entity for the purpose of family law Newstead.
De facto partners must not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial backing, in very much the same way as a couple.