Divorce And Separation Lawyers In Swan Hill
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This implies a person can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Swan Hill to be separated however to continue living in the same house during the twelve months, which is called ‘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 during this time.
If there are kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are conducted completely individually from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they must request 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 period with the approval of the Court, and this is hard to obtain.
You don’t require 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 assistance estimator on the site of the Department of Human Services Child Support (” 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 a few of the lower recognized areas and complexities, and assist you to tactically plan your child support plans and responsibilities for the future to ensure the best possible plan is in place given your and the other parents scenarios.
Our lawyers provides legal advice on grandparents rights Swan Hill and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Swan Hill can help you with include:
Advising you regarding your options regarding child support which might consist of arranging a personal child support agreement, in either a minimal or binding child assistance arrangement.
Private arrangements provide certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the method 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 bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Swan Hill
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Helping you to modify the Department examined child support amount to better match your specific situations.
Assessments are prepared by the Department based on a standard formula, but can be altered under different situations (up or down) based upon aspects such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Swan Hill Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everybody, 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 essentially enables a personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a substantial sum of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Swan Hill looking for to settle 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 monetary agreement can completely settle spousal maintenance responsibilities.
Family violence (also 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 accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now includes a much larger 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 safety or wellbeing.
Many individuals in Swan Hill may now be shocked 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 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 residential or commercial property settlement and spousal maintenance identified 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 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 unit) are thought about to be a legal entity for the purpose of family law Swan Hill.
De facto partners must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a married couple.