Divorce And Separation Lawyers In Spring Hill
Australian Law operates on the concept of no-fault divorce. This means 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 actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates a person 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 Spring Hill to be separated but to continue living in the same home during the twelve months, which is called ‘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 just give a divorce if it is satisfied that correct plans have actually been made for them.
Divorce proceedings are conducted totally individually from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must make an application for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance need to be commenced 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 don’t require us to tell you what child assistance is or to get a basic idea of what your responsibility (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 calculate child support can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and assist you to strategically plan your child support arrangements and obligations for the future to guarantee the very best possible arrangement is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Spring Hill and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Spring Hill can assist you with include:
Advising you regarding your choices relating to child support which might include organizing a personal child assistance arrangement, in either a minimal or binding child assistance arrangement.
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 expenses in part or in lieu), and get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Spring Hill
We can assist in converting the unsettled 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 worldwide airport gate terminal.
Assisting you to change the Department assessed child support amount to better match your specific situations.
Assessments are prepared by the Department based upon a basic 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 meant (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other situations also use. The modification of evaluation process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Spring Hill Pre-nuptials And Financial Agreements
Financial arrangements (likewise known informally as ‘pre-nups’) are not for everybody, however they can be helpful:
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 allows a private agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant sum of money, consisting of the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Spring Hill seeking 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 settle spousal maintenance obligations.
Family violence (also known as 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 claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates a much wider 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 safety or wellbeing.
Many individuals in Spring Hill might now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their e-mail 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 together with 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 a minimum of 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 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 Spring Hill.
De facto spouses must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a married couple.