Divorce And Separation Lawyers In Richmond
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates 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 Richmond 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 just approve a divorce if it is satisfied that proper plans have actually been made for them.
Divorce procedures are carried out entirely separately from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they should apply for a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance need to be started 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 do not require us to tell you what child support is or to get a basic idea of what your obligation (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.
Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with a few of the lesser known areas and intricacies, and assist you to strategically plan your child support arrangements and obligations for the future to guarantee the very best possible plan remains in place offered your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Richmond and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Richmond can help you with consist of:
Advising you regarding your options relating to child assistance which may consist of organizing a private child assistance arrangement, in either a limited or binding child assistance agreement.
Private arrangements supply certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Richmond
We can help 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 global airport gate terminal.
Helping you to change the Department examined child support amount to better match your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be modified under various situations (up or down) based on aspects such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other situations also use. 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 Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, 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 basically allows a personal arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a significant sum of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Richmond looking for to settle 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 financial agreement can completely finalise spousal maintenance obligations.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses 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 Richmond might now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet web 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 together with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic domestic basis for at least 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 unit) are thought about to be a legal entity for the purpose of family law Richmond.
De facto spouses must not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial support, in very much the same way as a married couple.