Divorce And Separation Lawyers In St Kilda Road Melbourne
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. 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 suggests a person can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in St Kilda Road Melbourne to be separated but to continue living in the very same house during the twelve months, which is called ‘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 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 proper arrangements have been made for them.
Divorce procedures are conducted entirely separately from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wants 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 started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to obtain.
You don’t require us to tell you exactly what child assistance is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a fast children support estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and help you to strategically plan your child support plans and obligations for the future to make sure the very best possible plan remains in place provided your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights St Kilda Road Melbourne and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law St Kilda Road Melbourne can help you with include:
Advising you as to your options relating to child assistance which might consist of setting up a private child support agreement, in either a restricted or binding child support arrangement.
Personal agreements provide certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable greater flexibility in the approach of payment (direct financing 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 bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In St Kilda Road Melbourne
We can assist in converting the unsettled 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 steps such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to change the Department assessed child support amount to better match your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be changed under various situations (up or down) based on factors such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The change of assessment procedure can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
St Kilda Road Melbourne Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially 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 essentially enables a private agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a considerable sum of money, consisting of the costs 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 St Kilda Road Melbourne looking for to finalise their commitments 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 monetary agreement can completely settle spousal maintenance responsibilities.
Family violence (likewise 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 claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was expanded 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 security or wellbeing.
Many people in St Kilda Road Melbourne may 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 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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) are thought about to be a legal entity for the purpose of family law St Kilda Road Melbourne.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a couple.