Divorce And Separation Lawyers In Staceys Bridge
Australian Law operates on the principle of no-fault divorce. This implies 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 must has been separated for at least twelve months and one day. This implies a person can not request divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Staceys Bridge to be separated however to continue living in the exact 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 during this time.
If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct plans have actually been made for them.
Divorce proceedings are performed totally separately from other proceedings in between the couple and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they should apply for a divorce.
It is very important to be mindful that procedures 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 get.
You don’t need us to tell you exactly what child support is or to get a general idea of what your obligation (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, 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 lesser known areas and complexities, and help you to tactically plan your child support arrangements and obligations for the future to ensure the best possible plan remains in place given your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Staceys Bridge and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Staceys Bridge can help you with include:
Advising you as to your alternatives relating to child assistance which may include organizing a private child assistance agreement, in either a minimal or binding child support arrangement.
Personal arrangements provide certainty for both moms and dads for a longer time period (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 eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Staceys Bridge
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to alter the Department examined child support amount to better match your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be altered under different circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other scenarios also use. The change of assessment procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Staceys Bridge Pre-nuptials And Financial Agreements
Financial agreements (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 prevents the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Staceys Bridge seeking to settle 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 settle spousal maintenance obligations.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much larger 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 triggers them to fear for their security or wellbeing.
Many individuals in Staceys Bridge might now be surprised to find that domestic violence orders can be made if a person 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine domestic basis for at least 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) are considered to be a legal entity for the purpose of family law Staceys Bridge.
De facto spouses should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial support, in very much the same way as a couple.