Divorce And Separation Lawyers In Red Cliffs
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship 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 marriage has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means a person 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 Red Cliffs to be separated however to continue living in the very same house throughout 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 only grant a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce procedures are carried out completely individually from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they must request a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance should 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 tough to get.
You don’t need us to inform you exactly what child assistance is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a quick children support 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 support can be a complex and painful minefield. We can help you with some of the lower recognized areas and intricacies, and help you to tactically prepare your child support arrangements and commitments for the future to ensure the best possible arrangement remains in place provided your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Red Cliffs and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Red Cliffs can assist you with consist of:
Advising you regarding your choices regarding child assistance which might include organizing a private child assistance arrangement, in either a restricted or binding child support agreement.
Personal arrangements provide certainty for both parents for a longer amount 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 remove the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Red Cliffs
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 personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Helping you to modify the Department examined child support amount to better suit your individual situations.
Evaluations are prepared by the Department based on a standard formula, however can be modified under various situations (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, and so on. Other situations also apply. The modification of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Red Cliffs Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:
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 enables a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Red Cliffs looking for to settle their responsibilities 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 finalise spousal maintenance commitments.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition 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
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.
Many individuals in Red Cliffs might now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text messages, 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 residential or commercial 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 lived together on an authentic domestic basis for a minimum of 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 unit) are considered to be a legal entity for the purpose of family law Red Cliffs.
De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.