Divorce And Separation Lawyers In Preston West
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court has the ability to give 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 must has been separated for at least twelve months and one day. This indicates 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 Preston West to be separated however 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 throughout this time.
If there are kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce procedures are carried out totally individually from other proceedings in between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they must request a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to get.
You do not require us to inform you what child support is or to get a general concept of what your responsibility (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Assistance (” 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 lower known areas and intricacies, and help you to strategically plan your child support plans and commitments for the future to guarantee the best possible arrangement remains in place given your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Preston West and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Preston West can help you with include:
Advising you regarding your alternatives relating to child assistance which may consist of setting up a private child support agreement, in either a restricted or binding child support arrangement.
Private agreements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Preston West
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to modify the Department evaluated child assistance amount to much better suit your individual circumstances.
Assessments are prepared by the Department based on a basic formula, but can be modified under various circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other situations also use. The change of evaluation process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Preston West Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 generally allows a private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Preston West seeking to finalise their commitments 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 monetary agreement can permanently settle spousal maintenance commitments.
Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer 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 abuse) was expanded in late 2012 and now encompasses 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.
Lots of people in Preston West might now be shocked to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or internet browser history.
De Facto Relationships
In March 2009 a 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 determined in the Family Court alongside couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 Preston West.
De facto spouses must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial backing, in very much the same way as a married couple.