Divorce And Separation Lawyers In Ripponlea
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 grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Ripponlea to be separated but to continue residing in the exact same house throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they have to show to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that appropriate plans have been made for them.
Divorce procedures are conducted entirely individually from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should 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 difficult to get.
You don’t require us to tell you exactly what child assistance is or to get a general idea of what your obligation (or entitlement) will be.
There is a fast children assistance 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 determine child assistance can be a complex and painful minefield. We can assist you with some of the lower recognized areas and complexities, and assist you to tactically prepare your child support plans and obligations for the future to make sure the very best possible arrangement is in place provided your and the other moms and dads situations.
Our lawyers provides legal advice on grandparents rights Ripponlea and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Ripponlea can assist you with include:
Advising you regarding your options relating to child assistance which may consist of setting up a private child assistance agreement, in either a limited or binding child assistance arrangement.
Personal arrangements provide certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Ripponlea
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to modify the Department assessed child assistance amount to much better suit your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be changed under various situations (up or down) based on factors such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also use. The change of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Ripponlea Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, 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 basically allows a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a significant amount of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Ripponlea looking for to finalise 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 finalise spousal maintenance obligations.
Family violence (also called domestic violence) is taken very seriously by the Courts, not just 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 figuring out future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now incorporates 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 person and causes them to fear for their security or wellbeing.
Many people in Ripponlea may now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance 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 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.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine 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 residential or commercial property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Ripponlea.
De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial support, in very much the same way as a couple.