Divorce And Separation Lawyers In Springvale South
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 approve a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates a person can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Springvale South to be separated however to continue residing in the same home throughout 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 during this time.
If there are kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are conducted totally individually from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they must make an application for a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance must be begun 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 get.
You do not require us to inform you exactly what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the site 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 some of the lower recognized areas and complexities, and assist you to strategically plan your child support plans and responsibilities for the future to guarantee the best possible arrangement is in place offered your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Springvale South and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Springvale South can assist you with consist of:
Advising you as to your choices concerning child assistance which might consist of setting up a private child support arrangement, in either a restricted or binding child assistance arrangement.
Personal arrangements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable greater versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Springvale South
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable 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 partner at the international airport gate terminal.
Helping you to change the Department evaluated child support amount to much better suit your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, however can be altered under different circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also apply. The change of assessment procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Springvale South Pre-nuptials And Financial Agreements
Monetary arrangements (also known informally as ‘pre-nups’) are not for everybody, 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 generally permits a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason 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 or life insurance.
For separated couples in Springvale South 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 monetary agreement can permanently finalise spousal maintenance responsibilities.
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 security 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 definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now includes 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 person and causes them to fear for their security or wellbeing.
Many people in Springvale South might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring 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 alongside couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 considered to be a legal entity for the purpose of family law Springvale South.
De facto partners must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a married couple.