Divorce And Separation Lawyers In Ravenswood South
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 approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This implies a person can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Ravenswood South to be separated but to continue residing in the very same home during the twelve months, which is referred to as ‘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 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 proper arrangements have been made for them.
Divorce procedures are performed completely individually from other proceedings between the couple and there is no responsibility on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they should request a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance should be commenced 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 get.
You don’t require 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 fast children support 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 support can be a complex and painful minefield. We can assist you with a few of the lower known areas and complexities, and assist you to strategically prepare your child support arrangements and obligations for the future to make sure the very best possible arrangement remains in place provided your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Ravenswood South and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Ravenswood South can help you with consist of:
Advising you regarding your alternatives regarding child support which might consist of organizing a private child assistance arrangement, in either a restricted or binding child support arrangement.
Personal arrangements offer certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct funding 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 handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Ravenswood South
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Helping you to modify the Department examined child support amount to better match your specific circumstances.
Evaluations are prepared by the Department based upon a basic formula, but can be altered under different situations (up or down) based upon factors such as the expense of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Ravenswood South Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 essentially allows a private agreement to be formalised and prevents 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 or life insurance.
For separated couples in Ravenswood South looking for 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 financial agreement can completely settle spousal maintenance obligations.
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, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much wider scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their safety or wellbeing.
Lots of people in Ravenswood South may now be shocked 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 e-mail account or internet web 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 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 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 thought about to be a legal entity for the purpose of family law Ravenswood South.
De facto partners must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a couple.