Divorce And Separation Lawyers In Piedmont
Australian Law operates on the concept 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 marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates a person can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Piedmont to be separated but to continue residing in the exact same house throughout the twelve months, which is called ‘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 only give a divorce if it is satisfied that proper arrangements have been made for them.
Divorce proceedings are conducted totally individually from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they should make an application for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is hard to obtain.
You do not need us to tell you what child support is or to get a general idea of what your responsibility (or entitlement) will be.
There is a quick children support estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help 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 guarantee the very best possible arrangement is in place offered your and the other moms and dads situations.
Our lawyers provides legal advice on grandparents rights Piedmont and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Piedmont can help you with include:
Advising you as to your choices concerning child support which might include setting up a personal child support agreement, in either a minimal or binding child support arrangement.
Personal agreements provide certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable greater versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Piedmont
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Assisting you to alter the Department evaluated child assistance amount to much better match your specific circumstances.
Evaluations are prepared by the Department based on a standard formula, but can be changed under different circumstances (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other situations also apply. The modification of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Piedmont Pre-nuptials And Financial Agreements
Monetary arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 permits a private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable 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 or life insurance.
For separated couples in Piedmont looking for to settle 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 permanently finalise spousal maintenance commitments.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, but 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 definition of domestic violence (physical and sexual assault) was widened in late 2012 and now incorporates 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 triggers them to fear for their safety or wellbeing.
Many individuals in Piedmont might 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, monitoring their e-mail 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 together with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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 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 Piedmont.
De facto partners should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial support, in very much the same way as a couple.