Divorce And Separation Lawyers In Niddrie North
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests a person can not make an application for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Niddrie North to be separated however to continue residing in the exact same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce procedures are carried out totally individually from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must request a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance need to be started 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 obtain.
You don’t need us to inform you what child support is or to get a general concept of what your obligation (or entitlement) will be.
There is a fast children support estimator on the website 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 support can be a complex and painful minefield. We can assist you with some of the lower recognized areas and complexities, and help you to tactically plan your child support arrangements and obligations for the future to guarantee the very best possible plan is in place offered your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Niddrie North and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Niddrie North can assist you with include:
Advising you as to your options regarding child support which might include setting up a private child support agreement, in either a minimal or binding child assistance arrangement.
Private arrangements supply certainty for both parents 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 get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Niddrie North
We can assist in converting the unsettled amount from a Commonwealth debt to a private 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 unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department assessed child support amount to much better suit your specific situations.
Evaluations are prepared by the Department based on a basic formula, but can be changed under various circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other circumstances also apply. The modification of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Niddrie North Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 basically permits a personal agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant sum of money, consisting of the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Niddrie North seeking to finalise 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 financial agreement can permanently settle spousal maintenance responsibilities.
Family violence (likewise 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 determining future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much broader scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their safety or wellbeing.
Many individuals in Niddrie North may now be surprised to find that domestic violence orders can be made if a person in the relationship carries out 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 determined in the Family Court together with married couples.
Despite 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 child, 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 thought about to be a legal entity for the purpose of family law Niddrie North.
De facto spouses must not fear that they should 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.