Divorce And Separation Lawyers In St Kilda South
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 give a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This suggests an individual can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in St Kilda South to be separated however to continue living in the very same home throughout 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 plans have been made for them.
Divorce procedures are conducted totally individually from other proceedings between the couple and there is no responsibility on a party to start 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 wishes to re-marry they should apply for a divorce.
It is necessary to be mindful that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to acquire.
You don’t need us to tell you what child support is or to get a general concept 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.
Nevertheless, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist 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 guarantee the very best possible arrangement is in place provided your and the other parents situations.
Our lawyers provides legal advice on grandparents rights St Kilda South and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law St Kilda South can assist you with consist of:
Advising you regarding your options concerning child assistance which may consist of setting up a personal child assistance agreement, in either a minimal or binding child support arrangement.
Personal arrangements provide certainty for both moms and dads for a longer amount 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 deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In St Kilda South
We can help in converting the unpaid amount from a Commonwealth debt to a personal 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 debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to change the Department evaluated child assistance amount to much better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be changed under different situations (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 additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other circumstances also use. The change of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
St Kilda South Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 basically enables a personal agreement to be formalised and precludes 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 or life insurance.
For separated couples in St Kilda South seeking to settle 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 financial agreement can completely finalise spousal maintenance responsibilities.
Family violence (likewise called 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 identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now incorporates a much broader 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 St Kilda South may now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 identified in the Family Court together with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 South.
De facto partners should not fear that they should 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.