Divorce And Separation Lawyers In Somerton Park
Australian Law operates on the concept of no-fault divorce. This implies 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 must has been separated for at least twelve months and one day. This indicates 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 Somerton Park to be separated however to continue living in the same home 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 throughout this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are carried out totally individually from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they should apply for a divorce.
It is essential to be aware that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to acquire.
You do not need us to tell you what child assistance is or to get a general concept of what your commitment (or entitlement) will be.
There is a quick children assistance estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and help you to strategically plan your child support arrangements and obligations for the future to guarantee the very best possible plan remains in place given your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Somerton Park and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Somerton Park can assist you with include:
Advising you as to your options regarding child assistance which might include arranging a private child assistance arrangement, in either a restricted or binding child support agreement.
Private arrangements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher versatility in the approach of payment (direct funding 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.
Assisting In Steps To Recover Unsettled Child Assistance In Somerton Park
We can assist 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 actions such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to modify the Department assessed child support amount to much better suit your specific situations.
Assessments are prepared by the Department based on a standard formula, however can be changed under different circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also use. The modification of evaluation procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Somerton Park Pre-nuptials And Financial Agreements
Monetary 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 basically allows a personal arrangement 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 with income protection insurance coverage or life insurance.
For separated couples in Somerton Park looking for to finalise their obligations 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 financial agreement can permanently finalise 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 allegations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses 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 causes them to fear for their security or wellbeing.
Many people in Somerton Park may now be shocked to discover 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 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 along with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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) are thought about to be a legal entity for the purpose of family law Somerton Park.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a married couple.