Divorce And Separation Lawyers In Sale East Raaf
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out 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 marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This suggests a person can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Sale East Raaf to be separated but to continue residing in the exact same home throughout 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 throughout this time.
If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are carried out completely individually from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they should make an application for a divorce.
It is essential to be conscious that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to get.
You do not need us to tell you what child support is or to get a basic 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.
However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and complexities, and assist you to strategically plan your child support plans and commitments for the future to make sure the very best possible plan remains in place given your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Sale East Raaf and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Sale East Raaf can help you with include:
Advising you as to your options relating to child assistance which may consist of arranging a personal child assistance agreement, in either a limited or binding child support arrangement.
Personal arrangements supply certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater 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 deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Sale East Raaf
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable 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 spouse at the global airport gate terminal.
Helping you to alter the Department assessed child support amount to much better suit your specific situations.
Assessments are prepared by the Department based upon a standard formula, however can be altered under various circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also use. The change of evaluation process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Sale East Raaf Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 basically permits a personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Sale East Raaf seeking 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 monetary agreement can completely finalise spousal maintenance commitments.
Family violence (also 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, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out 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 broader 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 triggers them to fear for their safety or wellbeing.
Many people in Sale East Raaf may 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, 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 together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic domestic basis for at least 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 Sale East Raaf.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial support, in very much the same way as a couple.