Divorce And Separation Lawyers In Stradbroke Park
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider 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 marriage has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates a person can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Stradbroke Park to be separated but to continue residing 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 children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are carried out completely individually from other proceedings between the couple and there is no commitment on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they should request a divorce.
It is essential to be aware that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to get.
You don’t need us to tell you what child assistance is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and help you to strategically prepare your child support plans and responsibilities for the future to guarantee the very best possible arrangement is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Stradbroke Park and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Stradbroke Park can help you with consist of:
Advising you regarding your choices relating to child assistance which might consist of arranging a personal child assistance agreement, in either a restricted or binding child assistance agreement.
Private agreements provide 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 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 bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Stradbroke Park
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to alter the Department examined child assistance amount to better suit your specific situations.
Assessments are prepared by the Department based upon a standard formula, however can be changed under different circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also use. The change of evaluation procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Stradbroke Park Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, 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 essentially permits a private arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a considerable sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Stradbroke Park looking for to settle 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 finalise spousal maintenance responsibilities.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition 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 safety or wellbeing.
Many people in Stradbroke Park may now be shocked 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 messages, monitoring their e-mail account or web browser history.
De Facto Relationships
In March 2009 a brand-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 married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real domestic basis for at least 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Stradbroke Park.
De facto spouses should not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a married couple.