Divorce And Separation Lawyers In Northcote South
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has 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 at least twelve months and one day. This indicates a person can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Northcote South to be separated however to continue living in the 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 show to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate plans have actually been made for them.
Divorce proceedings are conducted completely individually from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must request a divorce.
It is important to be mindful that proceedings for property settlement and spousal maintenance must 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 difficult to acquire.
You do not require us to tell you what child assistance is or to get a general idea of what your responsibility (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.
However, the child support system and the formula used to compute child assistance 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 plan your child support arrangements and commitments for the future to ensure the best possible arrangement is in place given your and the other moms and dads circumstances.
Our lawyers provides legal advice on grandparents rights Northcote South and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Northcote South can assist you with consist of:
Advising you as to your options regarding child assistance which might include organizing a personal child assistance arrangement, in either a restricted or binding child assistance arrangement.
Personal agreements supply certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Northcote South
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 personal recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to change the Department evaluated child support amount to much better match your individual situations.
Assessments are prepared by the Department based on a standard formula, however can be modified under different situations (up or down) based upon 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 needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also apply. The change of evaluation process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Northcote South 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 basically enables a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a significant amount of money, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Northcote South looking for 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 commitments.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) 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 causes them to fear for their security or wellbeing.
Many individuals in Northcote South 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 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on an authentic domestic basis for a minimum of 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 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 Northcote South.
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 adjustment of residential or commercial property and financial support, in very much the same way as a married couple.