Divorce And Separation Lawyers In Strathmore Heights
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. 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 means a person can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Strathmore Heights to be separated but to continue residing in the very same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to show to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce procedures are conducted totally individually from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless 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 just be made after this duration with the approval of the Court, and this is tough to obtain.
You don’t require us to tell you exactly what child assistance is or to get a basic 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 Assistance (” the Department”) which you can use.
However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and intricacies, and help you to tactically plan your child support plans and commitments for the future to ensure the best possible arrangement remains in place offered your and the other moms and dads scenarios.
Our lawyers provides legal advice on grandparents rights Strathmore Heights and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Strathmore Heights can help you with include:
Advising you as to your options concerning child support which may consist of setting up a personal child assistance arrangement, in either a minimal or binding child support arrangement.
Private arrangements provide certainty for both parents for a longer amount 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 expenses in part or in lieu), and remove the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Strathmore Heights
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 litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to alter the Department assessed child support amount to better match your specific situations.
Evaluations are prepared by the Department based on a basic formula, however can be modified under various circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other circumstances also apply. The change of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Strathmore Heights Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everybody, 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 basically permits a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a considerable sum of money, including the expenses connected 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 Strathmore Heights seeking to settle 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 completely settle spousal maintenance commitments.
Family violence (also 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, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was widened 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 triggers them to fear for their safety or wellbeing.
Many individuals in Strathmore Heights may now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually 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 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 Strathmore Heights.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial backing, in very much the same way as a married couple.