Divorce And Separation Lawyers In Salisbury West
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to grant 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 Salisbury West to be separated however to continue living in the same house during 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 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 performed entirely separately from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they need to apply for a divorce.
It is very important to be conscious 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 do not need us to inform you exactly what child support is or to get a general idea of what your commitment (or entitlement) will be.
There is a quick 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 compute child assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and complexities, and help you to tactically plan your child support plans and responsibilities for the future to guarantee the best possible arrangement is in place offered your and the other moms and dads situations.
Our lawyers provides legal advice on grandparents rights Salisbury West and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Salisbury West can help you with consist of:
Advising you regarding your alternatives relating to child assistance which may include setting up a personal child support arrangement, in either a minimal or binding child support arrangement.
Personal agreements offer certainty for both parents for a longer amount of time (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 costs in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Salisbury West
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 private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to modify the Department evaluated child support amount to better suit your specific circumstances.
Evaluations are prepared by the Department based on a standard formula, but can be changed under different situations (up or down) based on aspects such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Salisbury West Pre-nuptials And Financial Agreements
Monetary arrangements (also known informally as ‘pre-nups’) are not for everybody, however they can be beneficial:
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 generally allows a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a considerable sum of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Salisbury West 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 financial agreement can permanently finalise spousal maintenance responsibilities.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security 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 children.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates a much wider 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 security or wellbeing.
Many people in Salisbury West may now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text, 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 together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law Salisbury West.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial support, in very much the same way as a married couple.