Divorce And Separation Lawyers In Seymour South
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court is able to give a divorce if there has actually 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 means a person can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Seymour South to be separated but to continue living in the same home during the twelve months, which is referred to as ‘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 throughout this time.
If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper plans have actually been made for them.
Divorce proceedings are carried out completely separately from other proceedings in between the couple and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they need to make an application for a divorce.
It is very important to be conscious that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to obtain.
You do not need us to tell 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 calculate child support can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and help you to tactically plan your child support arrangements and commitments for the future to make sure the best possible plan remains in place provided your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Seymour South and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Seymour South can assist you with include:
Advising you as to your alternatives regarding child assistance which might include arranging a personal child support agreement, in either a minimal or binding child support arrangement.
Private arrangements provide certainty for both parents for a longer amount of time (no continual 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 remove the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Seymour South
We can assist 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 lawsuits 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 change the Department examined child assistance amount to much better match your individual circumstances.
Evaluations are prepared by the Department based upon a standard formula, however can be altered under different situations (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical needs, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also use. The change of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Seymour South Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, 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 basically enables a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a significant sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Seymour South seeking to finalise their responsibilities 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 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 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 kids.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes 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 people in Seymour South might now be surprised to find 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 messages, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance identified in the Family Court along with married couples.
Regardless 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 thought about to be a legal entity for the purpose of family law Seymour South.
De facto partners must not fear that they need to 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.