Divorce And Separation Lawyers In Seaview
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 is able to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means a person 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 Seaview to be separated but 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 just grant a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are conducted completely separately from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they must apply for a divorce.
It is important to be mindful that procedures for property settlement and spousal maintenance should 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 acquire.
You don’t require us to inform you what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a fast children assistance 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 compute child support can be a complex and painful minefield. We can assist you with some of the lower recognized areas and intricacies, and help you to tactically plan your child support arrangements and responsibilities for the future to guarantee the best possible plan is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Seaview and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Seaview can assist you with include:
Advising you regarding your options relating to child support which may consist of setting up a private child assistance arrangement, in either a restricted or binding child assistance arrangement.
Personal agreements supply certainty for both moms and dads for a longer time period (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 eliminate the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Seaview
We can help 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 litigation 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 modify the Department assessed child support amount to better match your specific situations.
Evaluations are prepared by the Department based on a basic formula, but can be changed under different circumstances (up or down) based upon factors such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other situations also apply. The modification of evaluation process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Seaview Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially 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 generally allows a private agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a significant sum of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Seaview looking for to settle 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 monetary agreement can permanently 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 provide 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 includes a much larger 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 safety or wellbeing.
Many people in Seaview might 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 messages, monitoring their e-mail account or web 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.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 residential or commercial property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Seaview.
De facto partners must not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a married couple.