Divorce And Separation Lawyers In Pakenham
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 grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This indicates an individual can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Pakenham to be separated but to continue residing in the exact 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 give a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are carried out totally individually from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they must make an application for a divorce.
It is essential to be mindful that procedures for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to obtain.
You do not require us to inform you 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.
However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and complexities, and help you to tactically plan your child support plans and obligations for the future to ensure the very best possible plan remains in place offered your and the other moms and dads circumstances.
Our lawyers provides legal advice on grandparents rights Pakenham and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Pakenham can assist you with consist of:
Advising you regarding your options regarding child support which might consist of arranging a personal child assistance arrangement, in either a limited or binding child support agreement.
Private agreements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater flexibility 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 remove the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Pakenham
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to alter the Department assessed child support amount to better match your individual circumstances.
Assessments are prepared by the Department based on a basic 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 intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also apply. The change of assessment process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Pakenham Pre-nuptials And Financial Agreements
Monetary agreements (likewise known informally as ‘pre-nups’) are not for everybody, however 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 enables a private arrangement to be formalised and prevents the later participation of the Family Court. Therefore 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 coverage or life insurance.
For separated couples in Pakenham seeking 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 monetary agreement can permanently settle spousal maintenance commitments.
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 offer security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was broadened 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 person and causes them to fear for their safety or wellbeing.
Lots of people in Pakenham might now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their e-mail account or web 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 along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine 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 considered to be a legal entity for the purpose of family law Pakenham.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.