Divorce And Separation Lawyers In Shannonvale
Australian Law operates on the concept of no-fault divorce. This indicates 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 marital relationship. In order to satisfy the Court that the marital relationship 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 request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Shannonvale to be separated however to continue living in the same house during the twelve months, which is referred to 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 children aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce proceedings are carried out entirely separately from other proceedings between the husband and wife and there is no responsibility 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 marital relationship wishes to re-marry they should make an application for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to obtain.
You don’t require us to inform you what child assistance is or to get a basic concept of what your responsibility (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 assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and intricacies, and help you to strategically plan your child support arrangements and obligations for the future to guarantee the very best possible arrangement is in place given your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Shannonvale and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Shannonvale can assist you with include:
Advising you regarding your alternatives regarding child support which may include arranging a personal child assistance arrangement, in either a limited or binding child assistance agreement.
Private agreements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater versatility 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 get rid of the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Shannonvale
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow 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 global airport gate terminal.
Assisting you to alter the Department evaluated child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based on a standard formula, however can be modified under various circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also apply. The modification of assessment procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Shannonvale Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:
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 enables a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a substantial sum of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Shannonvale looking for to finalise 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 monetary agreement can permanently finalise spousal maintenance obligations.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes a much broader 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 security or wellbeing.
Lots of people in Shannonvale might now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or 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 alongside couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine domestic basis for at least 2 years (or less if they have a kid, 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 unit) are thought about to be a legal entity for the purpose of family law Shannonvale.
De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial support, in very much the same way as a married couple.