Divorce And Separation Lawyers In Ravenhall
Australian Law operates on the concept of no-fault divorce. This means 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 marriage has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This indicates an individual can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Ravenhall to be separated however to continue living in the very same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to prove 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 appropriate arrangements have actually been made for them.
Divorce proceedings are performed entirely separately from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to request a divorce.
It is important to be aware 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 challenging to acquire.
You do not need us to inform you what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a quick children assistance estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to determine child support can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and help you to strategically prepare your child support arrangements and obligations for the future to ensure the best possible arrangement remains in place given your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Ravenhall and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Ravenhall can assist you with consist of:
Advising you as to your choices concerning child assistance which might consist of setting up a personal child support agreement, in either a restricted or binding child support arrangement.
Personal agreements supply certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct financing 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 deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Ravenhall
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to allow 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 spouse at the international airport gate terminal.
Assisting you to modify the Department examined child support amount to much better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, however can be modified under various situations (up or down) based on factors 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 child has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other situations also use. The modification of evaluation process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Ravenhall Pre-nuptials And Financial Agreements
Monetary agreements (likewise known informally as ‘pre-nups’) are not for everybody, nevertheless 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 allows a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a considerable amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Ravenhall looking for to finalise 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 monetary agreement can permanently settle spousal maintenance responsibilities.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however 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 abuse) was expanded in late 2012 and now incorporates a much broader 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 causes them to fear for their security or wellbeing.
Many individuals in Ravenhall may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, 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 property settlement and spousal maintenance identified in the Family Court alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Ravenhall.
De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial backing, in very much the same way as a married couple.