Divorce And Separation Lawyers In Altona
Australian Law operates on the principle of no-fault divorce. This indicates 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 marital relationship. 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 suggests a person can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Altona 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 need to show to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper plans have been made for them.
Divorce procedures are conducted completely separately from other proceedings between the couple and there is no commitment on a party to start divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they need to apply for a divorce.
It is important to be mindful that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to get.
You don’t need us to tell you exactly what child support is or to get a basic concept of what your obligation (or entitlement) will be.
There is a quick 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 help you with a few of the lesser known areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to make sure the very best possible plan remains in place given your and the other moms and dads scenarios.
Some areas that Our Family Law Altona can assist you with include:
Advising you as to your options regarding child assistance which may include arranging a private child support agreement, in either a restricted or binding child support agreement.
Private arrangements offer certainty for both parents for a longer amount of time (no continual 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 costs in part or in lieu), and get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Altona
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 private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to alter the Department assessed child support amount to much better suit your specific situations.
Assessments are prepared by the Department based upon a basic formula, however can be altered under different situations (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other scenarios also use. The change of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Altona Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, however they can be useful:
As a risk management tool for couples seeking prenup Altona how they will divide their property if they separate at a later time, it basically enables a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Altona seeking to finalise 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 financial agreement can permanently settle spousal maintenance commitments.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection 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 abuse) was expanded in late 2012 and now encompasses a much wider scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their security or wellbeing.
Many individuals in Altona might now be shocked to find 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 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 identified in the Family Court together with couples.
Despite 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 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.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.