Divorce And Separation Lawyers In Sassafras Gully
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability to approve 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 must has been separated for a minimum of twelve months and one day. This means an individual can not request divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Sassafras Gully to be separated but to continue residing in the very same house during the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they need 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 just give a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are conducted totally individually from other proceedings in between the couple and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they need to request a divorce.
It is very important to be conscious that proceedings for property settlement and spousal maintenance must 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 don’t need 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 site of the Department of Human Services Child Support (” 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 plans and obligations for the future to ensure the very best possible plan is in place given your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Sassafras Gully and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Sassafras Gully can assist you with include:
Advising you regarding your choices regarding child assistance which may consist of organizing a private child support arrangement, in either a restricted or binding child assistance arrangement.
Private agreements provide certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct funding 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 administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Sassafras Gully
We can help in converting the unsettled 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 steps such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to modify the Department evaluated child assistance amount to much better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be modified under different circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also use. The modification of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Sassafras Gully Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 enables a personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a significant sum of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Sassafras Gully 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 financial agreement can permanently settle spousal maintenance commitments.
Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much larger 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 causes them to fear for their safety or wellbeing.
Lots of people in Sassafras Gully may now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance 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 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 cohabited on an authentic 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Sassafras Gully.
De facto spouses must not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.