Divorce And Separation Lawyers In Northcote
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates an individual 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 to be separated but to continue residing in the very same home during the twelve months, which is referred to as ‘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 just give a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are conducted entirely separately 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 any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they must make an application for a divorce.
It is very important to be conscious that procedures for property settlement and spousal maintenance must 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 difficult to get.
You don’t require us to tell you what child support is or to get a basic 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.
However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with some of the lower known areas and complexities, and help you to strategically prepare your child support arrangements and commitments for the future to guarantee the very best possible plan remains in place given your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Northcote and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Northcote can help you with include:
Advising you regarding your alternatives relating to child assistance which may consist of arranging a personal child assistance agreement, in either a minimal or binding child assistance arrangement.
Personal arrangements provide certainty for both moms and dads 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 expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Northcote
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to modify the Department evaluated child support amount to better suit your individual circumstances.
Assessments are prepared by the Department based on a basic formula, but can be altered 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 additional extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other situations also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Northcote Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, 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 allows a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, including the expenses associated 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 Northcote seeking to finalise 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 financial agreement can completely settle spousal maintenance responsibilities.
Family violence (also called 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 claims of domestic violence into consideration when figuring out 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
- economic 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 individuals in Northcote might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes 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 married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real domestic basis for at least 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) are thought about to be a legal entity for the purpose of family law Northcote.
De facto spouses should 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.