Divorce And Separation Lawyers In Altona North
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means an individual can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Altona North to be separated however to continue living in the exact same home during the twelve months, which is known 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 kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are performed completely separately from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings before doing something about it 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 conscious that procedures for property settlement and spousal maintenance need to be begun 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 do not require us to tell you what child support 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 Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with some of the lesser recognized areas and intricacies, and help you to strategically plan your child support plans and commitments for the future to ensure the best possible plan is in place provided your and the other parents scenarios.
Some areas that Our Family Law Altona North can assist you with consist of:
Advising you as to your choices concerning child support which might include arranging a private child support arrangement, in either a minimal or binding child assistance agreement.
Private agreements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater flexibility in the approach 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 deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Altona North
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 actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to change the Department examined child support amount to better suit your specific situations.
Assessments are prepared by the Department based upon a basic formula, but can be altered under different circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a child has additional health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also use. The change of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Altona North Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
As a risk management tool for couples seeking prenup Altona North how they will divide their property if they separate at a later time, it generally permits a private agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a significant sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Altona North looking for to finalise 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 financial agreement can permanently settle spousal maintenance commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying 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 wider scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and causes them to fear for their security or wellbeing.
Many individuals in Altona North may now be surprised 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 determined in the Family Court along with married 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 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) are thought about to be a legal entity for the purpose of family law Altona North.
De facto partners must not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial backing, in very much the same way as a couple.