Divorce And Separation Lawyers In Point Lonsdale
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This implies an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Point Lonsdale to be separated however to continue residing in the 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 only approve a divorce if it is satisfied that appropriate plans have been made for them.
Divorce procedures are conducted completely individually from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they need to make an application for a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance should be begun 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 acquire.
You don’t need us to inform you what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.
There is a quick children assistance 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 determine child assistance can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and complexities, and help you to tactically prepare your child support arrangements and obligations for the future to guarantee the best possible plan remains in place given your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Point Lonsdale and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Point Lonsdale can assist you with include:
Advising you regarding your choices regarding child support which might include arranging a personal child assistance arrangement, in either a minimal or binding child support agreement.
Personal agreements offer certainty for both moms and dads for a longer amount of time (no continuous 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 costs in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Point Lonsdale
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Helping you to change the Department assessed child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based on a standard formula, but can be changed under different circumstances (up or down) based on aspects such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other situations also use. The modification of assessment process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Point Lonsdale Pre-nuptials And Financial Agreements
Monetary agreements (also 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 basically enables a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a substantial amount of money, including the costs associated 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 Lonsdale seeking to settle their obligations 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 financial agreement can permanently settle spousal maintenance responsibilities.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just 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 children.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now incorporates 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 individuals in Point Lonsdale 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, monitoring their e-mail 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 property settlement and spousal maintenance identified in the Family Court together with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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) are considered to be a legal entity for the purpose of family law Point Lonsdale.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial backing, in very much the same way as a married couple.