Divorce And Separation Lawyers In Redbank
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Redbank to be separated however to continue living in the exact 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 during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper plans have actually been made for them.
Divorce proceedings are performed totally separately from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to 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 necessary to be mindful that procedures for property settlement and spousal maintenance should be started 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 need us to tell you exactly what child support is or to get a general idea 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 calculate child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and assist you to tactically prepare your child support arrangements and responsibilities for the future to ensure the best possible plan is in place provided your and the other moms and dads circumstances.
Our lawyers provides legal advice on grandparents rights Redbank and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Redbank can assist you with include:
Advising you regarding your alternatives regarding child support which might include arranging a private child assistance agreement, in either a restricted or binding child assistance agreement.
Private arrangements supply certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater flexibility in the approach 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 bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Redbank
We can assist in converting the unsettled 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 unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department assessed child assistance amount to much better match your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be changed under various situations (up or down) based upon aspects such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also use. The modification of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Redbank Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everybody, 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 essentially allows a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a significant sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Redbank 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 monetary agreement can permanently settle spousal maintenance commitments.
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, however 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 meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now encompasses a much larger 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 safety or wellbeing.
Many people in Redbank may now be shocked to discover 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 e-mail 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Redbank.
De facto partners should not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial backing, in very much the same way as a married couple.