Divorce And Separation Lawyers In Ringwood
Australian Law operates on the principle of no-fault divorce. This means 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 marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual 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 Ringwood to be separated but to continue residing in the very same home throughout the twelve months, which is called ‘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 throughout this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are performed completely separately from other proceedings between the couple and there is no commitment on a party to start divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must request a divorce.
It is essential to be aware that procedures for property settlement and spousal maintenance must be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to acquire.
You do not require us to tell you exactly what child assistance is or to get a general idea of what your responsibility (or entitlement) will be.
There is a quick children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and help you to tactically prepare your child support plans and obligations for the future to guarantee the very best possible arrangement is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Ringwood and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Ringwood can help you with include:
Advising you regarding your options concerning child support which might include arranging a private child assistance arrangement, in either a minimal or binding child assistance arrangement.
Private agreements provide certainty for both moms and dads 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 expenses in part or in lieu), and remove the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Ringwood
We can help in converting the unpaid amount from a Commonwealth debt to a private 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 international airport gate terminal.
Assisting you to alter the Department assessed child assistance amount to much better match your individual circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be changed under various circumstances (up or down) based upon aspects such as the expense of maintaining the kid in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also use. The modification of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Ringwood Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, however they can be helpful:
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 permits a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a significant sum of money, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Ringwood seeking to finalise 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 monetary agreement can completely settle spousal maintenance obligations.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just 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 figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates a much broader 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 causes them to fear for their safety or wellbeing.
Lots of people in Ringwood might now be shocked to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their email account or 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 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 Ringwood.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial backing, in very much the same way as a couple.