Divorce And Separation Lawyers In Strathallan
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court has the ability 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 implies a person can not request divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Strathallan to be separated however to continue residing in the very same home during 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 during this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are carried out totally individually from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to request a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance should 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 challenging to obtain.
You do not need us to inform you exactly what child support is or to get a basic concept 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 Assistance (” 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 assist you with some of the lower recognized areas and intricacies, and help you to strategically prepare your child support plans and responsibilities for the future to guarantee the best possible plan remains in place provided your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Strathallan and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Strathallan can assist you with include:
Advising you regarding your choices relating to child support which may consist of arranging a personal child assistance arrangement, in either a restricted or binding child assistance arrangement.
Personal agreements supply certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater flexibility in the method 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 handle the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Strathallan
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 private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to change the Department evaluated child assistance amount to much better match your individual situations.
Assessments are prepared by the Department based on a basic formula, but can be changed under various situations (up or down) based on factors such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a moms and dad is income poor however ‘asset rich’, and so on. Other situations also apply. The modification of evaluation process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Strathallan Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everybody, nevertheless 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 generally permits a personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Strathallan seeking to finalise 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 finalise spousal maintenance responsibilities.
Family violence (also referred to as 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 figuring out 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 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 triggers them to fear for their safety or wellbeing.
Many people in Strathallan might now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text, 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 couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Strathallan.
De facto spouses must not fear that they must 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.