Divorce And Separation Lawyers In Stanhope South
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to grant 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 needs to has been separated for at least twelve months and one day. This indicates an individual can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Stanhope South to be separated but to continue living in the 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 have to prove to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they should apply for a divorce.
It is very important to be conscious that proceedings for property settlement and spousal maintenance should 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 challenging to obtain.
You do not require us to tell you exactly what child support is or to get a basic idea of what your responsibility (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.
Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and assist you to strategically plan your child support arrangements and responsibilities for the future to make sure the very best possible plan remains in place provided your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Stanhope South and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Stanhope South can assist you with consist of:
Advising you regarding your choices regarding child support which may include arranging a personal child support agreement, in either a restricted or binding child support arrangement.
Private agreements offer certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable higher flexibility 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 get rid of the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Stanhope South
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 steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to alter the Department assessed child support amount to better match your specific situations.
Evaluations are prepared by the Department based on a basic formula, but can be modified under various situations (up or down) based on aspects such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other scenarios also apply. The change of evaluation procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Stanhope South Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known colloquially 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 essentially permits a personal agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Stanhope South 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 monetary agreement can permanently settle spousal maintenance commitments.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was broadened 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 person and causes them to fear for their safety or wellbeing.
Many people in Stanhope South may now be shocked to discover 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 residential or commercial property settlement and spousal maintenance identified in the Family Court together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Stanhope South.
De facto spouses should not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.