Divorce And Separation Lawyers In Apollo Bay
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This indicates a person can not apply for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Apollo Bay to be separated but to continue residing in the very same home 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 give a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are carried out entirely individually from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they should request a divorce.
It is necessary to be mindful that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to acquire.
You do not require us to inform you exactly what child support is or to get a general idea of what your commitment (or entitlement) will be.
There is a fast children support estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to determine 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 tactically plan your child support arrangements and responsibilities for the future to make sure the very best possible arrangement remains in place provided your and the other moms and dads scenarios.
Some areas that Our Family Law Apollo Bay can help you with include:
Advising you as to your alternatives concerning child support which might consist of setting up a private child assistance agreement, in either a limited or binding child support arrangement.
Personal arrangements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Apollo Bay
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to modify the Department examined child assistance amount to better suit your individual circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be altered under different circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also apply. The change of evaluation procedure can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Apollo Bay Pre-nuptials And Financial Agreements
Monetary 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 Apollo Bay how they will divide their property if they separate at a later time, it essentially allows a personal agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a considerable amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Apollo Bay 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 financial agreement can completely finalise spousal maintenance obligations.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but 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 abuse) was broadened in late 2012 and now includes a much broader 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.
Many people in Apollo Bay may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or internet 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 couples.
Regardless of 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 considered to be a legal entity for the purpose of family law Apollo Bay.
De facto partners should not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial support, in very much the same way as a married couple.