Divorce And Separation Lawyers In Seacombe
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage 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 must has been separated for at least twelve months and one day. This suggests an individual can not request divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Seacombe to be separated however to continue living 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 kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that proper plans have been made for them.
Divorce procedures are conducted completely individually from other proceedings between the couple and there is no obligation on a party to start divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they should make an application for a divorce.
It is essential to be mindful that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to obtain.
You don’t require us to inform you what child support is or to get a general concept of what your obligation (or entitlement) will be.
There is a fast children support estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with some of the lesser recognized areas and complexities, and assist you to tactically plan your child support arrangements and responsibilities for the future to ensure the very best possible arrangement is in place given your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Seacombe and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Seacombe can help you with include:
Advising you regarding your alternatives concerning child assistance which may consist of arranging a private child assistance agreement, in either a limited or binding child assistance arrangement.
Personal agreements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater 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 eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Seacombe
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to alter the Department evaluated child assistance amount to much better match your individual situations.
Assessments are prepared by the Department based on a basic formula, however can be modified under various situations (up or down) based on factors such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other scenarios also use. The change of evaluation process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Seacombe Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 basically permits a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a considerable amount of money, consisting of the expenses associated 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 Seacombe seeking to settle their commitments 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 completely finalise spousal maintenance obligations.
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 identifying future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes 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 individual and triggers them to fear for their security or wellbeing.
Lots of people in Seacombe might now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text messages, 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 alongside married couples.
In spite 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 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 unit) are considered to be a legal entity for the purpose of family law Seacombe.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a couple.