Divorce And Separation Lawyers In Sutherlands Creek
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means a person can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Sutherlands Creek to be separated however to continue living 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 have to prove to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are performed totally individually from other proceedings in between the couple and there is no obligation on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must make an application for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance should be started 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 need us to tell you what child assistance is or to get a general idea of what your obligation (or entitlement) will be.
There is a quick 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 determine child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and assist you to strategically prepare your child support plans and obligations for the future to ensure the very best possible plan is in place offered your and the other moms and dads situations.
Our lawyers provides legal advice on grandparents rights Sutherlands Creek and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Sutherlands Creek can help you with include:
Advising you regarding your options relating to child assistance which might consist of setting up a personal child support agreement, in either a minimal or binding child support arrangement.
Private agreements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct financing 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 bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Sutherlands Creek
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 spouse at the global airport gate terminal.
Assisting you to change the Department assessed child support amount to much better match your individual situations.
Assessments are prepared by the Department based upon a standard formula, but can be modified under different situations (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other scenarios also use. The modification of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Sutherlands Creek Pre-nuptials And Financial Agreements
Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, however 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 permits a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a significant sum of money, consisting of the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Sutherlands Creek seeking to settle 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 monetary 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, 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 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 triggers them to fear for their security or wellbeing.
Lots of people in Sutherlands Creek might now be surprised 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 e-mail 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 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 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) are considered to be a legal entity for the purpose of family law Sutherlands Creek.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.