Divorce And Separation Lawyers In North Wonthaggi
Australian Law operates on the concept of no-fault divorce. This means 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 marriage has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This implies a person 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 North Wonthaggi to be separated but to continue residing in the same home throughout 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 show to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper plans have actually been made for them.
Divorce procedures are carried out entirely individually from other proceedings in between the husband and wife and there is no obligation on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must make an application for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to acquire.
You don’t require us to tell you exactly what child support is or to get a general concept of what your commitment (or entitlement) will be.
There is a fast 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 support can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and assist you to strategically plan your child support plans and commitments for the future to ensure the best possible arrangement is in place given your and the other parents situations.
Our lawyers provides legal advice on grandparents rights North Wonthaggi and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law North Wonthaggi can help you with include:
Advising you regarding your alternatives relating to child assistance which might include arranging a private child assistance agreement, in either a minimal or binding child support agreement.
Private arrangements offer certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable greater 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 handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In North Wonthaggi
We can help 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 litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.
Helping you to change the Department examined child support amount to much better match your individual circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be changed under various circumstances (up or down) based upon aspects such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other circumstances also use. The change of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
North Wonthaggi Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 basically permits a personal agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement 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 to income protection insurance or life insurance.
For separated couples in North Wonthaggi seeking to settle their commitments 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 permanently settle spousal maintenance commitments.
Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was expanded 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 causes them to fear for their security or wellbeing.
Lots of people in North Wonthaggi might now be shocked 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 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 couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law North Wonthaggi.
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 adjustment of residential or commercial property and financial support, in very much the same way as a married couple.