Divorce And Separation Lawyers In Sutton Grange
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 give a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship 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 Sutton Grange to be separated but to continue living in the very 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 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 arrangements have been made for them.
Divorce procedures are conducted completely separately from other proceedings between the couple and there is no responsibility on a party to commence 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 wants to re-marry they must make an application for a divorce.
It is important to be conscious that procedures for property settlement and spousal maintenance should 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 obtain.
You don’t need us to tell you what child support is or to get a basic 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.
However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with a few of the lesser known areas and complexities, and assist you to strategically prepare your child support plans and commitments for the future to make sure the very best possible plan remains in place given your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Sutton Grange and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Sutton Grange can help you with consist of:
Advising you as to your options regarding child support which might consist of arranging a private child support arrangement, in either a restricted or binding child support agreement.
Personal agreements offer certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater 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 eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Sutton Grange
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to modify the Department assessed child assistance amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be changed under different situations (up or down) based on aspects such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Sutton Grange Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:
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 personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a significant amount of money, including the costs 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 Sutton Grange looking for to settle their commitments 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 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, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining 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 larger 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 safety or wellbeing.
Lots of people in Sutton Grange may now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or internet web browser history.
De Facto Relationships
In March 2009 a brand-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 alongside couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Sutton Grange.
De facto spouses must not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.