Divorce And Separation Lawyers In Rubicon
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to approve 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 at least twelve months and one day. This suggests a person can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Rubicon to be separated but to continue living 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 kids 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 proceedings are carried out entirely individually from other proceedings in between the husband and wife and there is no responsibility on a party to commence divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they should make an application for a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to get.
You do not require us to inform you what child support is or to get a general 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 Assistance (” the Department”) which you can use.
However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and help you to strategically plan your child support arrangements and obligations for the future to guarantee the best possible plan is in place given your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Rubicon and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Rubicon can assist you with consist of:
Advising you regarding your choices regarding child support which may consist of arranging a personal child support arrangement, in either a limited or binding child assistance arrangement.
Personal agreements provide certainty for both moms and dads for a longer time period (no continual 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 expenses in part or in lieu), and remove the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Rubicon
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 private recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant spouse 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 standard formula, but can be changed under various circumstances (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other circumstances also use. The change of evaluation procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Rubicon Pre-nuptials And Financial Agreements
Monetary agreements (also known informally 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 essentially permits a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a significant amount of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Rubicon looking for to settle 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 financial agreement can completely settle spousal maintenance obligations.
Family violence (likewise called 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 claims of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was widened 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 triggers them to fear for their safety or wellbeing.
Lots of people in Rubicon might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail 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 residential or commercial property settlement and spousal maintenance identified in the Family Court alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine domestic basis for a minimum of 2 years (or less if they have a kid, 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 Rubicon.
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 backing, in very much the same way as a married couple.