Divorce And Separation Lawyers In Strzelecki
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This suggests a person can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Strzelecki to be separated however to continue residing in the 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 need to show 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 arrangements have been made for them.
Divorce procedures are carried out entirely individually from other proceedings in between the couple and there is no commitment on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they need to request a divorce.
It is important to be mindful that proceedings for property settlement and spousal maintenance must 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 hard to acquire.
You don’t require us to tell you what child assistance is or to get a general concept of what your obligation (or entitlement) will be.
There is a quick children assistance 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 calculate child assistance can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and assist you to tactically prepare your child support plans and responsibilities for the future to ensure the very best possible plan remains in place provided your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Strzelecki and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Strzelecki can assist you with consist of:
Advising you regarding your alternatives concerning child assistance which may include setting up a private child support arrangement, in either a limited or binding child support agreement.
Personal arrangements provide certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility 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 remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Strzelecki
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Helping you to alter the Department evaluated child assistance amount to much better match your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be changed under various situations (up or down) based on factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Strzelecki Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 prevents the later participation of the Family Court. Therefore having such an agreement can save a considerable sum of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Strzelecki seeking 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 settle spousal maintenance responsibilities.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now incorporates a much wider scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their safety or wellbeing.
Lots of people in Strzelecki might now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with 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 child, 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 thought about to be a legal entity for the purpose of family law Strzelecki.
De facto spouses must not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial backing, in very much the same way as a couple.