Divorce And Separation Lawyers In Surrey Hills
Australian Law operates on the concept of no-fault divorce. This means 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 marital relationship has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means a person can not make an application for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Surrey Hills to be separated but to continue living in the same home throughout the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they have to prove to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper plans have been made for them.
Divorce procedures are performed completely individually from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to taking action 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 make an application for a divorce.
It is important to be aware 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 tough to get.
You don’t require us to tell you what child assistance is or to get a basic idea of what your commitment (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.
However, the child support system and the formula used to compute child assistance 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 tactically prepare your child support arrangements and obligations 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 Surrey Hills and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Surrey Hills can help you with consist of:
Advising you as to your options concerning child assistance which may consist of arranging a personal child support agreement, in either a minimal or binding child assistance arrangement.
Personal arrangements provide certainty for both moms and dads for a longer time period (no continuous 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 remove the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Surrey Hills
We can assist in converting the unsettled amount from a Commonwealth debt to a personal 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 partner at the worldwide airport gate terminal.
Assisting you to change the Department evaluated child assistance amount to much better match your specific situations.
Assessments are prepared by the Department based on a standard formula, but can be changed under different situations (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The modification of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Surrey Hills Pre-nuptials And Financial Agreements
Monetary arrangements (likewise 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 generally permits a personal agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a significant amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Surrey Hills looking for to settle their responsibilities 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 monetary agreement can completely settle 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, but 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 assault) was expanded in late 2012 and now encompasses 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 individual and causes them to fear for their security or wellbeing.
Lots of people in Surrey Hills might now be surprised to discover 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 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 alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 Surrey Hills.
De facto partners must not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial support, in very much the same way as a couple.