Divorce And Separation Lawyers In Strathmore
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out 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 must has been separated for at least twelve months and one day. This suggests a person can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Strathmore to be separated however to continue residing in the same house during the twelve months, which is known as ‘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 during this time.
If there are kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are conducted entirely individually from other proceedings in between the couple and there is no commitment on a party to commence divorce proceedings before 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 should make an application for a divorce.
It is necessary to be aware that procedures for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to acquire.
You do not need us to tell you exactly what child assistance is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a quick children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and complexities, and assist you to tactically plan your child support plans and responsibilities for the future to make sure the very best possible arrangement is in place provided your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Strathmore and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Strathmore can help you with consist of:
Advising you regarding your choices regarding child support which might include organizing a personal child support arrangement, in either a restricted or binding child assistance agreement.
Private agreements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater versatility 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 get rid of the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Strathmore
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 personal recovery litigation 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 alter the Department examined child support amount to better suit your specific situations.
Evaluations are prepared by the Department based on a standard formula, however can be changed under various circumstances (up or down) based on aspects such as the cost of maintaining the child 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 parent is income poor however ‘asset rich’, etc. Other situations also apply. The change of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Strathmore Pre-nuptials And Financial Agreements
Monetary agreements (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 essentially enables a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Strathmore looking for to finalise their obligations 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 permanently finalise spousal maintenance obligations.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now incorporates a much broader 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 causes them to fear for their safety or wellbeing.
Many people in Strathmore may now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 identified in the Family Court together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine domestic basis for a minimum of 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Strathmore.
De facto partners should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a married couple.