Divorce And Separation Lawyers In St Leonards
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This implies a person can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in St Leonards to be separated but to continue living in the same home throughout the twelve months, which is called ‘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 during this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct plans have actually been made for them.
Divorce proceedings are conducted entirely individually from other proceedings between the couple and there is no responsibility on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to make an application for a divorce.
It is necessary 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 duration with the approval of the Court, and this is tough to get.
You don’t require us to tell you what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a quick children assistance 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 assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and intricacies, and help you to strategically prepare your child support arrangements and responsibilities for the future to ensure the very best possible plan remains in place given your and the other parents situations.
Our lawyers provides legal advice on grandparents rights St Leonards and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law St Leonards can help you with include:
Advising you as to your options regarding child support which may include arranging a private child support agreement, in either a minimal or binding child support agreement.
Private agreements provide certainty for both parents for a longer period of time (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 expenses in part or in lieu), and eliminate the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In St Leonards
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 personal recovery litigation 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 alter the Department assessed child support amount to much better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be modified under different situations (up or down) based on aspects such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other circumstances also use. The change of evaluation process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
St Leonards Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in St Leonards seeking to finalise their responsibilities 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 obligations.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses 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 individual and triggers them to fear for their security or wellbeing.
Many people in St Leonards might now be shocked to find 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 internet web 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 along 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 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 thought about to be a legal entity for the purpose of family law St Leonards.
De facto spouses should not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial support, in very much the same way as a couple.