Divorce And Separation Lawyers In Seaspray
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This indicates a person can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Seaspray 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 throughout this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate plans have been made for them.
Divorce procedures are carried out totally individually from other proceedings 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 marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to apply for a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to get.
You don’t require us to inform you what child assistance is or to get a basic idea of what your commitment (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.
Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and assist you to strategically plan your child support arrangements and responsibilities for the future to ensure the best possible arrangement remains in place provided your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Seaspray and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Seaspray can assist you with consist of:
Advising you as to your alternatives regarding child support which might include organizing a private child support arrangement, in either a minimal or binding child assistance arrangement.
Personal agreements supply certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable higher flexibility 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 eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Seaspray
We can help 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 litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Helping you to alter the Department examined child assistance amount to much better match your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, however can be changed under different situations (up or down) based on factors such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other situations also use. The modification of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Seaspray Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 essentially allows a personal agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a considerable sum of money, including the costs associated 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 Seaspray 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 permanently finalise spousal maintenance obligations.
Family violence (likewise referred to as 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 accusations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was broadened 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 causes them to fear for their safety or wellbeing.
Many individuals in Seaspray might now be shocked to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their email account or internet web browser history.
De Facto Relationships
In March 2009 a brand-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 couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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) are considered to be a legal entity for the purpose of family law Seaspray.
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 adjustment of property and financial backing, in very much the same way as a married couple.