Divorce And Separation Lawyers In Staughton Vale
Australian Law operates on the principle of no-fault divorce. This implies 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 marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates 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 Staughton Vale to be separated however to continue living in the same house 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 kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are carried out entirely individually from other proceedings in between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they should request a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to obtain.
You do not require us to tell you what child support is or to get a general concept of what your obligation (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.
However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with some of the lesser recognized areas and complexities, and help you to tactically prepare your child support arrangements and responsibilities for the future to guarantee the very best possible plan remains in place given your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Staughton Vale and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Staughton Vale can help you with consist of:
Advising you as to your alternatives concerning child assistance which might consist of organizing a personal child assistance agreement, in either a minimal or binding child support arrangement.
Personal agreements supply certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Staughton Vale
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 private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Helping you to modify the Department evaluated child support amount to much better suit your specific situations.
Evaluations are prepared by the Department based on a basic formula, however can be altered under different circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other situations also use. The modification of evaluation process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Staughton Vale Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everybody, however 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 enables a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a substantial amount of money, including the costs associated 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 Staughton Vale seeking to finalise 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 permanently settle 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 provide security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now encompasses a much larger 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 security or wellbeing.
Many people in Staughton Vale may now be surprised to find 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 property settlement and spousal maintenance determined in the Family Court alongside married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 residential or commercial 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 Staughton Vale.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial backing, in very much the same way as a couple.