Divorce And Separation Lawyers In Seddon 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 approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates a person can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Seddon West to be separated however to continue residing in the same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to prove to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper plans have actually been made for them.
Divorce proceedings are conducted completely separately from other proceedings in between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should apply for a divorce.
It is important to be mindful that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is challenging to get.
You do not require 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 website of the Department of Human Services Child Support (” the Department”) which you can use.
However, 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 intricacies, and assist you to strategically plan your child support plans and responsibilities for the future to make sure the best possible plan remains in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Seddon West and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Seddon West can help you with include:
Advising you as to your options relating to child support which may consist of organizing a private child assistance arrangement, in either a minimal or binding child support agreement.
Private agreements offer certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher flexibility in the approach of payment (direct financing 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 administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Seddon West
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to change the Department assessed child assistance amount to much better match your individual circumstances.
Assessments are prepared by the Department based on a basic formula, but can be altered under different situations (up or down) based upon aspects such as the cost of maintaining the child 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 but ‘asset rich’, and so on. Other situations also use. The change of assessment procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Seddon West Pre-nuptials And Financial Agreements
Monetary agreements (also known informally 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 essentially allows a private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a significant sum of money, consisting of the expenses associated 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 Seddon West looking for to finalise their commitments 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 completely finalise 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 security 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 meaning 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
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and triggers them to fear for their safety or wellbeing.
Many individuals in Seddon West may now be surprised 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 messages, monitoring their email account or 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 property settlement and spousal maintenance identified in the Family Court along with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Seddon West.
De facto spouses must not fear that they must leave 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.