Divorce And Separation Lawyers In Skenes Creek
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 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 actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This means an individual can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Skenes Creek to be separated however to continue living in the same house throughout 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 during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they should make an application for a divorce.
It is important to be conscious that procedures for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to obtain.
You do not need us to tell you what child support is or to get a general idea of what your obligation (or entitlement) will be.
There is a fast children support estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
However, 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 lesser recognized areas and intricacies, and assist you to strategically plan your child support arrangements and commitments for the future to make sure the best possible plan is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Skenes Creek and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Skenes Creek can assist you with include:
Advising you regarding your choices relating to child support which might include arranging a private child support arrangement, in either a minimal or binding child assistance agreement.
Personal agreements supply certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable higher versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Skenes Creek
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 spouse at the worldwide airport gate terminal.
Assisting you to alter the Department assessed child support amount to better match your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be modified under various circumstances (up or down) based on aspects such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other situations also apply. The change of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Skenes Creek Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, however they can be useful:
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 agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Skenes Creek looking for to finalise their responsibilities 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 financial agreement can completely finalise spousal maintenance commitments.
Family violence (likewise 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, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was expanded 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 individual and causes them to fear for their security or wellbeing.
Lots of people in Skenes Creek may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, 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 couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Skenes Creek.
De facto spouses should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a couple.