Divorce And Separation Lawyers In Patterson Lakes
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 approve a divorce if there has been an irretrievable breakdown of marriage. 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 suggests a person can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Patterson Lakes to be separated but to continue living in the very 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 need to prove to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are performed entirely separately from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they must request a divorce.
It is essential to be aware that procedures for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to get.
You do not need us to inform you what child support is or to get a basic idea of what your obligation (or entitlement) will be.
There is a fast children support estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and help you to tactically plan your child support plans and obligations for the future to guarantee the very best possible plan is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Patterson Lakes and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Patterson Lakes can assist you with include:
Advising you regarding your options relating to child assistance which may include organizing a personal child support arrangement, in either a restricted or binding child support agreement.
Personal agreements supply certainty for both parents for a longer period of time (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 remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Patterson Lakes
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to alter the Department evaluated child support amount to much better match your specific situations.
Assessments are prepared by the Department based on a standard formula, but can be altered under different situations (up or down) based on aspects such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other circumstances also apply. The modification of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Patterson Lakes Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everybody, however they can be beneficial:
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 generally enables 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 significant amount of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Patterson Lakes looking for 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 monetary agreement can completely settle spousal maintenance obligations.
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 provide 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 kids.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much broader 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 safety or wellbeing.
Many individuals in Patterson Lakes may now be shocked 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 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 residential or commercial 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 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Patterson Lakes.
De facto partners should not fear that they need to walk away 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 couple.