Divorce And Separation Lawyers In Straten
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage 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 actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This indicates a person 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 Straten 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 during this time.
If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are carried out completely individually from other proceedings in between the couple and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they should request 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 tough to acquire.
You don’t need us to inform you exactly what child assistance is or to get a basic idea 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 Support (” the Department”) which you can use.
However, 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 lesser recognized areas and intricacies, and assist you to tactically plan your child support arrangements and obligations for the future to make sure the very best possible plan is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Straten and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Straten can help you with include:
Advising you regarding your choices regarding child assistance which might include setting up a private child assistance arrangement, in either a limited or binding child assistance arrangement.
Personal agreements supply certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater versatility in the approach 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 deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Straten
We can assist 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 steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to change the Department examined child assistance amount to better match your specific situations.
Assessments are prepared by the Department based on a basic formula, but can be altered under various situations (up or down) based on factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, and so on. Other circumstances also use. The modification of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Straten Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 basically permits a personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Straten seeking to settle their commitments to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a monetary agreement can completely finalise spousal maintenance responsibilities.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates a much larger scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and triggers them to fear for their security or wellbeing.
Lots of people in Straten may now be shocked to discover 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 messages, monitoring their e-mail account or internet 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 property settlement and spousal maintenance identified 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 a genuine 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 Straten.
De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a married couple.