Divorce And Separation Lawyers In Richmond North
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able 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 a minimum of twelve months and one day. This means an individual can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Richmond North to be separated but to continue residing in the same house during the twelve months, which is known 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 appropriate plans have been made for them.
Divorce proceedings are conducted completely separately 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 other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must request a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to acquire.
You don’t need us to tell you what child support is or to get a general idea of what your commitment (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 determine child assistance can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and help you to strategically plan your child support arrangements and obligations for the future to guarantee the best possible arrangement is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Richmond North and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Richmond North can help you with consist of:
Advising you regarding your options concerning child support which may include arranging a private child support arrangement, in either a limited or binding child support agreement.
Private arrangements supply certainty for both parents for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the approach 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 Richmond North
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 litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to alter the Department assessed child assistance amount to much better suit your individual situations.
Assessments are prepared by the Department based on a basic formula, however can be altered under various circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The modification of evaluation process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Richmond North Pre-nuptials And Financial Agreements
Monetary arrangements (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 generally allows a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the costs connected 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 Richmond North looking for to finalise 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 completely finalise spousal maintenance obligations.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer 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 children.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes a much larger 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 security or wellbeing.
Many individuals in Richmond North may now be shocked to find 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 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 identified in the Family Court together with married couples.
Despite 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Richmond North.
De facto spouses should not fear that they should leave 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.