Divorce And Separation Lawyers In Robinson
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This means an individual can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Robinson to be separated but to continue living in the same home during the twelve months, which is known 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 give a divorce if it is satisfied that proper arrangements have been made for them.
Divorce procedures are carried out completely individually from other proceedings between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they must apply for a divorce.
It is very important to be aware that proceedings 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 hard to obtain.
You don’t require us to tell you what child assistance is or to get a basic concept of what your commitment (or entitlement) will be.
There is a fast 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 assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and assist you to tactically prepare your child support arrangements and commitments for the future to guarantee the very best possible plan remains in place given your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Robinson and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Robinson can help you with consist of:
Advising you as to your alternatives concerning child support which may consist of arranging a private child support agreement, in either a restricted or binding child support arrangement.
Personal agreements supply certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable greater versatility 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 Assistance In Robinson
We can assist 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 steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to change the Department evaluated child support amount to better suit your specific circumstances.
Evaluations are prepared by the Department based upon a basic formula, however can be modified under various situations (up or down) based on factors such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other scenarios also apply. The modification of assessment process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Robinson Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially 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 enables a private arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a significant sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Robinson seeking to settle their obligations 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 completely settle spousal maintenance obligations.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, however 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 abuse) was widened in late 2012 and now includes 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 person and causes them to fear for their security or wellbeing.
Many people in Robinson may now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 considered to be a legal entity for the purpose of family law Robinson.
De facto spouses must not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial backing, in very much the same way as a married couple.