Divorce And Separation Lawyers In Southland Centre
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marriage ended. The Court has the ability to give 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 should has been separated for a minimum of twelve months and one day. This suggests a person can not make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Southland Centre to be separated but to continue residing in the 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 need to show to the Court that they were separated throughout 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 procedures are performed totally separately from other proceedings in between the couple and there is no commitment on a party to begin 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 make an application for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to acquire.
You do not need us to inform you exactly what child assistance is or to get a general concept of what your commitment (or entitlement) will be.
There is a fast children support estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and complexities, and help you to strategically prepare your child support arrangements and responsibilities for the future to make sure the best possible arrangement is in place given your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Southland Centre and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Southland Centre can assist you with consist of:
Advising you as to your choices relating to child support which may include arranging a personal child support arrangement, in either a limited or binding child support arrangement.
Private agreements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Southland Centre
We can assist 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 lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to alter the Department evaluated child assistance amount to much better match your individual circumstances.
Assessments are prepared by the Department based on a basic formula, but can be modified under different circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other circumstances also use. The change of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Southland Centre Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 allows a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a significant sum of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Southland Centre looking for to finalise their obligations 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 responsibilities.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however 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 broadened in late 2012 and now incorporates a much larger scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and causes them to fear for their safety or wellbeing.
Many people in Southland Centre may now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail 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 property settlement and spousal maintenance determined in the Family Court alongside 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 Southland Centre.
De facto spouses should not fear that they should walk away 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.