Divorce And Separation Lawyers In Strath Creek
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to approve 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 Strath Creek to be separated however to continue living in the exact 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 show to the Court that they were separated throughout 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 plans have been made for them.
Divorce proceedings are carried out entirely separately from other proceedings in between the husband and wife and there is no responsibility on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they need to make an application for a divorce.
It is very important to be aware that procedures for property settlement and spousal maintenance should be commenced 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 what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.
There is a quick 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 compute child support can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and complexities, and help you to strategically prepare your child support plans and obligations for the future to guarantee the very best possible plan is in place offered your and the other moms and dads situations.
Our lawyers provides legal advice on grandparents rights Strath Creek and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Strath Creek can help you with consist of:
Advising you as to your choices concerning child support which may include setting up a private child assistance agreement, in either a minimal or binding child support agreement.
Personal agreements supply certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Strath Creek
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to change the Department examined child support amount to much better match your specific situations.
Assessments are prepared by the Department based upon a basic formula, however can be altered under various circumstances (up or down) based on aspects such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other circumstances also use. 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.
Strath Creek Pre-nuptials And Financial Agreements
Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, however 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 permits a private agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant amount of money, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Strath Creek seeking 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 financial 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 protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates 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 individuals in Strath Creek may now be shocked to discover that domestic violence orders can be made if a person in the relationship carries out 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 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 together with married couples.
Regardless 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) are considered to be a legal entity for the purpose of family law Strath Creek.
De facto spouses must not fear that they need to leave 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.