Divorce And Separation Lawyers In Snake Island
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage 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 broken down irretrievably the couple should has been separated for at least twelve months and one day. This indicates an individual can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Snake Island to be separated however to continue living in the exact same house during the twelve months, which is known 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 during this time.
If there are children aged under 18 years of age, a Court will only give a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce proceedings are conducted entirely individually from other proceedings in between the couple and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they should request a divorce.
It is essential to be mindful that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to get.
You don’t need us to inform you what child support is or to get a basic concept of what your obligation (or entitlement) will be.
There is a fast children support 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 determine child assistance can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and help you to tactically plan your child support arrangements and commitments for the future to make sure the very best possible arrangement is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Snake Island and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Snake Island can help you with consist of:
Advising you as to your choices regarding child support which might include setting up a personal child support agreement, in either a minimal or binding child assistance arrangement.
Personal arrangements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater versatility 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 administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Snake Island
We can help in converting the unpaid 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 partner 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 circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other scenarios also apply. The modification of assessment process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Snake Island Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, 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 essentially permits a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Snake Island seeking 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 settle spousal maintenance obligations.
Family violence (also referred to 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 accusations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much larger 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.
Many people in Snake Island might now be surprised to find 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 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 determined in the Family Court alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Snake Island.
De facto partners must not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial backing, in very much the same way as a married couple.