Divorce And Separation Lawyers In Swan Marsh
Australian Law operates on the principle of no-fault divorce. This means 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 marital relationship. 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 suggests a person can not request divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Swan Marsh to be separated however to continue living in the very same house throughout the twelve months, which is called ‘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 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 appropriate plans have actually been made for them.
Divorce proceedings are carried out totally separately from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they should make an application for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance must 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 difficult to obtain.
You do not need us to inform you exactly what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a fast 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 assistance can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and intricacies, and help you to strategically prepare your child support plans and responsibilities for the future to make sure the best possible plan is in place provided your and the other parents circumstances.
Our lawyers provides legal advice on grandparents rights Swan Marsh and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Swan Marsh can assist you with include:
Advising you regarding your options regarding child assistance which may consist of arranging a private child support arrangement, in either a limited or binding child assistance agreement.
Private agreements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher versatility 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 eliminate the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Swan Marsh
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 lawsuits 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 assessed child assistance amount to better suit your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be modified under various situations (up or down) based upon aspects such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other situations also apply. The change of assessment procedure can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Swan Marsh Pre-nuptials And Financial Agreements
Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 basically enables a private arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a substantial 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 Swan Marsh seeking to finalise their responsibilities 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 finalise spousal maintenance obligations.
Family violence (also referred to 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 accusations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was widened 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 Swan Marsh 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, 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.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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 thought about to be a legal entity for the purpose of family law Swan Marsh.
De facto spouses should not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a married couple.