Divorce And Separation Lawyers In Strathlea
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able 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 needs to has been separated for at least twelve months and one day. This indicates a person can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Strathlea to be separated but to continue living in the same home during the twelve months, which is called ‘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 children aged under 18 years of age, a Court will only give a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are conducted totally individually from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to doing something about it 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 request a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to obtain.
You do not require us to inform you what child support is or to get a general concept 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 Support (” 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 lower known areas and complexities, and assist you to strategically prepare your child support arrangements and obligations for the future to ensure the very best possible arrangement remains in place given your and the other parents situations.
Our lawyers provides legal advice on grandparents rights Strathlea and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Strathlea can help you with include:
Advising you regarding your options regarding child assistance which may include organizing a private child support agreement, in either a restricted or binding child assistance agreement.
Private agreements supply certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable higher 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 handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Strathlea
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to modify the Department evaluated child support amount to better suit your specific circumstances.
Evaluations 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 moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other situations also apply. The change of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Strathlea Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially 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 essentially permits a private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Strathlea looking for to finalise their commitments 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 permanently finalise spousal maintenance responsibilities.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection 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 children.
The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes a much wider 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 safety or wellbeing.
Many individuals in Strathlea might 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 e-mail account or web 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.
Despite 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 property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law Strathlea.
De facto partners must not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial support, in very much the same way as a married couple.