Divorce And Separation Lawyers In Stoneleigh
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 actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This means an individual can not make an application for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Stoneleigh to be separated but to continue living in the same home throughout the twelve months, which is referred to 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 during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have actually been made for them.
Divorce procedures are performed totally individually from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they must apply for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance should be begun 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 acquire.
You don’t need 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 fast children support estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and help you to tactically prepare your child support arrangements and obligations for the future to ensure the very best possible plan remains in place provided your and the other moms and dads situations.
Our lawyers provides legal advice on grandparents rights Stoneleigh and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Stoneleigh can assist you with include:
Advising you as to your alternatives concerning child support which may consist of setting up a personal child assistance agreement, in either a minimal or binding child support arrangement.
Private agreements offer certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable greater 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 handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Stoneleigh
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to allow 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 international airport gate terminal.
Helping you to modify the Department examined child support amount to much better match your specific circumstances.
Evaluations are prepared by the Department based on a standard formula, however can be altered under different circumstances (up or down) based on factors such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other circumstances also apply. The change of evaluation procedure can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Stoneleigh Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
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 allows a private agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, consisting of the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Stoneleigh seeking to finalise their commitments 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 settle spousal maintenance responsibilities.
Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection 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 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 person and causes them to fear for their security or wellbeing.
Many individuals in Stoneleigh may now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance 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 property settlement and spousal maintenance identified in the Family Court along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited 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 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 Stoneleigh.
De facto partners must not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial backing, in very much the same way as a couple.