Divorce And Separation Lawyers In Point Cook
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. 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 suggests a person can not make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Point Cook 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 need to show to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that correct plans have actually been made for them.
Divorce proceedings are conducted totally separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should apply for a divorce.
It is essential to be aware that procedures for property settlement and spousal maintenance must 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 hard to acquire.
You don’t require us to tell you what child assistance is or to get a general idea of what your obligation (or entitlement) will be.
There is a fast children assistance estimator on the website 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 some of the lesser recognized areas and intricacies, and assist you to strategically prepare your child support arrangements and obligations for the future to guarantee the best possible plan is in place provided your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Point Cook and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Point Cook can help you with include:
Advising you as to your alternatives regarding child support which may include arranging a personal child support arrangement, in either a limited or binding child assistance arrangement.
Personal arrangements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher 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 get rid of the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Point Cook
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to modify the Department assessed child support amount to better match your specific situations.
Assessments are prepared by the Department based on a basic formula, but can be changed under different situations (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also apply. The change of evaluation process can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Point Cook Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially 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 generally permits a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a significant amount of money, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Point Cook seeking 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 financial agreement can permanently finalise spousal maintenance commitments.
Family violence (likewise 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 accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was expanded 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 person and causes them to fear for their security or wellbeing.
Many people in Point Cook may now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or web 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 determined in the Family Court together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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) are considered to be a legal entity for the purpose of family law Point Cook.
De facto spouses should not fear that they must leave 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.