Divorce And Separation Lawyers In Serpentine
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests a person can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Serpentine to be separated however to continue residing in the 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 show to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are performed totally individually from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they should request a divorce.
It is very important to be aware 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 duration with the approval of the Court, and this is difficult to get.
You do not need us to inform you what child assistance is or to get a general concept of what your obligation (or entitlement) will be.
There is a fast children assistance 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 assist you with a few of the lower known areas and complexities, and assist you to strategically prepare your child support plans and obligations for the future to make sure the very best possible plan is in place offered your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Serpentine and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Serpentine can help you with consist of:
Advising you regarding your options regarding child assistance which may consist of setting up a private child support agreement, in either a restricted or binding child support agreement.
Private arrangements supply certainty for both parents for a longer time period (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 costs in part or in lieu), and get rid of the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Serpentine
We can assist in converting the unsettled 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 steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to modify the Department assessed child assistance amount to much better suit your individual situations.
Evaluations are prepared by the Department based on a standard formula, but can be modified under various circumstances (up or down) based upon factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Serpentine Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, however 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 enables a private agreement to be formalised and precludes the later participation 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 litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Serpentine 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 monetary agreement can completely settle spousal maintenance obligations.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security 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 kids.
The traditional definition 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 Serpentine may now be shocked to find 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, monitoring their email account or internet 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 determined in the Family Court along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 thought about to be a legal entity for the purpose of family law Serpentine.
De facto spouses should 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 backing, in very much the same way as a couple.