Divorce And Separation Lawyers In Stratford
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has 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 at least twelve months and one day. This means a person 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 Stratford to be separated but to continue living 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 need to prove to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce proceedings are carried out completely separately from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should apply for a divorce.
It is very important to be mindful that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to get.
You don’t require us to inform you exactly what child support is or to get a general idea of what your commitment (or entitlement) will be.
There is a quick children support estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to determine child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and assist you to tactically plan your child support plans and responsibilities for the future to make sure the very best possible arrangement remains in place provided your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Stratford and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Stratford can assist you with consist of:
Advising you as to your options regarding child support which may consist of setting up a personal child support agreement, in either a restricted or binding child assistance arrangement.
Private arrangements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable greater 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 remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Stratford
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable 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.
Assisting you to alter the Department assessed child support amount to better suit your individual situations.
Assessments are prepared by the Department based on a standard 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 extra extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, and so on. Other situations also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Stratford Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 enables a private arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the costs 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 Stratford looking for 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 financial agreement can completely settle spousal maintenance obligations.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection 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 children.
The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now includes 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 individual and triggers them to fear for their safety or wellbeing.
Many people in Stratford may now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their email 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 alongside married couples.
Despite 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 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 Stratford.
De facto partners must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a couple.