Divorce And Separation Lawyers In Southern Cross
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates 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 Southern Cross to be separated however to continue residing in the exact 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 prove to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that proper plans have actually been made for them.
Divorce procedures are conducted entirely separately from other proceedings between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they need to make an application for a divorce.
It is very important to be mindful that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to get.
You do not need us to inform you exactly what child support is or to get a basic 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 lower recognized areas and intricacies, and assist you to strategically plan your child support arrangements and commitments for the future to ensure the best possible plan is in place offered your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Southern Cross and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Southern Cross can assist you with include:
Advising you as to your choices regarding child support which may consist of setting up a private child support agreement, in either a limited or binding child assistance agreement.
Personal agreements provide certainty for both parents for a longer amount of time (no continuous 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 eliminate the need to handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Southern Cross
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to change the Department evaluated child assistance amount to much better match your individual circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be changed under different circumstances (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 expenses), if a child has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The change of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Southern Cross Pre-nuptials And Financial Agreements
Monetary 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 personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the costs connected 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 Southern Cross 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 monetary agreement can permanently settle spousal maintenance commitments.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining 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 larger 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 Southern Cross may now be shocked to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their email account or web web 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 property settlement and spousal maintenance identified in the Family Court along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually 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 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 Southern Cross.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a married couple.