Divorce And Separation Lawyers In South Geelong
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This means an individual can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in South Geelong to be separated however to continue residing in the very 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 show to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce procedures are carried out totally separately from other proceedings between the couple and there is no commitment on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must request a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to acquire.
You don’t require us to tell you exactly what child assistance is or to get a general idea of what your obligation (or entitlement) will be.
There is a quick children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and intricacies, and help you to strategically plan your child support plans and commitments for the future to ensure the best possible arrangement remains in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights South Geelong and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law South Geelong can help you with consist of:
Advising you as to your alternatives regarding child support which may consist of arranging a private child support arrangement, in either a limited or binding child assistance agreement.
Personal arrangements provide certainty for both moms and dads for a longer amount of time (no continuous 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 get rid of the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In South Geelong
We can assist in converting the unsettled amount from a Commonwealth debt to a private 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 debt from a recalcitrant partner at the international airport gate terminal.
Helping you to modify the Department examined child support amount to better match your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be changed under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also use. The change of evaluation procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
South Geelong Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless 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 generally permits a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in South Geelong 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 settle spousal maintenance commitments.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection 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 definition of domestic violence (physical and sexual assault) was widened 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 person and causes them to fear for their safety or wellbeing.
Lots of people in South Geelong might now be surprised to discover 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, monitoring their email account or internet browser history.
De Facto Relationships
In March 2009 a brand-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 alongside married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real domestic basis for a minimum of 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 unit) are considered to be a legal entity for the purpose of family law South Geelong.
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 property and financial support, in very much the same way as a couple.