Divorce And Separation Lawyers In Pittong
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This indicates a person can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Pittong to be separated however to continue residing in the very same house 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 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 correct plans have been made for them.
Divorce procedures are carried out totally separately from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they must apply for a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance need to 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 tough to get.
You do not require us to inform you exactly what child assistance is or to get a basic idea of what your obligation (or entitlement) will be.
There is a quick children assistance estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and help you to tactically prepare your child support plans and commitments for the future to guarantee the very best possible plan is in place given your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Pittong and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Pittong can help you with include:
Advising you regarding your options relating to child assistance which may include organizing a private child support agreement, in either a restricted or binding child assistance agreement.
Personal arrangements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater flexibility 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.
Helping In Steps To Recover Unpaid Child Support In Pittong
We can help in converting the unpaid 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 partner at the worldwide airport gate terminal.
Assisting you to change the Department examined child support amount to better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be changed under various circumstances (up or down) based upon factors such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other situations also apply. The modification of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Pittong Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 private 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, 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 Pittong seeking to settle their responsibilities 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 settle spousal maintenance responsibilities.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates a much larger scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.
Many people in Pittong may now be surprised to find 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 email account or internet 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 determined in the Family Court together with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on an authentic domestic basis for a minimum of 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Pittong.
De facto spouses must not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a couple.