Divorce And Separation Lawyers In Sutherland
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage 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 broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This implies 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 Sutherland to be separated but to continue residing in the very same house during the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they have 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 appropriate plans have actually been made for them.
Divorce proceedings are performed entirely individually from other proceedings in between the husband and wife 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 marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they should apply for a divorce.
It is important to be mindful 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 acquire.
You do not need us to inform you exactly what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.
There is a fast children support estimator on the website 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 assist you with some of the lesser known areas and intricacies, and assist you to strategically plan your child support arrangements and obligations for the future to ensure the best possible arrangement remains in place given your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Sutherland and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Sutherland can help you with include:
Advising you as to your alternatives relating to child assistance which might consist of organizing a private child assistance agreement, in either a limited or binding child assistance arrangement.
Personal agreements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct financing 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.
Helping In Steps To Recover Unpaid Child Assistance In Sutherland
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 worldwide airport gate terminal.
Assisting you to modify the Department assessed child support amount to much better match your individual situations.
Assessments are prepared by the Department based on a standard formula, however can be altered under various circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other scenarios also apply. The change of assessment process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Sutherland Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 allows a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Sutherland looking for to finalise 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 finalise spousal maintenance responsibilities.
Family violence (also called 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 allegations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional meaning 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
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and causes them to fear for their safety or wellbeing.
Lots of people in Sutherland might now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text, 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 residential or commercial property settlement and spousal maintenance identified in the Family Court together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 Sutherland.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial support, in very much the same way as a couple.