Divorce And Separation Lawyers In Northwood
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court is able to give 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 a minimum of twelve months and one day. This means an individual can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Northwood to be separated but to continue living in the exact same house during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to prove to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that correct plans have actually been made for them.
Divorce proceedings are carried out completely separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they must request a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance should 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 don’t need us to inform you exactly 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 determine child support can be a complex and painful minefield. We can help you with a few of the lower known areas and intricacies, and assist you to strategically plan your child support arrangements and responsibilities for the future to guarantee the very best possible arrangement is in place offered your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Northwood and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Northwood can help you with include:
Advising you regarding your alternatives concerning child assistance which may include organizing a private child assistance arrangement, in either a restricted or binding child support agreement.
Personal arrangements offer certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable greater 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 eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Northwood
We can help in converting the unsettled amount from a Commonwealth debt to a personal 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.
Assisting you to change the Department examined child support amount to much better suit your individual circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be modified under various situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other circumstances also use. The change of evaluation procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Northwood Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
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 participation of the Family Court. For that reason having such an agreement can save a considerable amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Northwood seeking to finalise their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely finalise spousal maintenance obligations.
Family violence (also known 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, 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 meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes a much broader scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and causes them to fear for their safety or wellbeing.
Lots of people in Northwood may 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 e-mail account or internet 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 determined in the Family Court together with 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 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 Northwood.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial backing, in very much the same way as a couple.