Divorce And Separation Lawyers In Stanley
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means a person can not make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Stanley to be separated however to continue residing in the exact same house 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 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 been made for them.
Divorce proceedings are conducted completely individually from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must apply for a divorce.
It is important to be conscious that procedures 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 tough to obtain.
You don’t require us to tell you what child support is or to get a basic concept of what your commitment (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.
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 some of the lower known areas and intricacies, and assist you to tactically plan your child support arrangements and commitments for the future to ensure the best possible plan is in place provided your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Stanley and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Stanley can help you with include:
Advising you regarding your options regarding child support which may include organizing 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 period of time (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Stanley
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to modify the Department evaluated child support amount to better suit your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be modified under various circumstances (up or down) based on 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 extra health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also apply. The change of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Stanley Pre-nuptials And Financial Agreements
Financial arrangements (also known informally 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 basically allows a personal agreement to be formalised and prevents 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 Stanley looking for 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 financial agreement can completely finalise spousal maintenance obligations.
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 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 kids.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates a much wider scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their safety or wellbeing.
Many people in Stanley might now be shocked 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 e-mail account or internet 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 an authentic 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 thought about to be a legal entity for the purpose of family law Stanley.
De facto partners must not fear that they must 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.