Divorce And Separation Lawyers In Ascot
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to approve a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for at least twelve months and one day. This implies an individual can not request divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Ascot to be separated however to continue living in the exact same house throughout the twelve months, which is referred to 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 give a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce proceedings are performed completely individually from other proceedings between the husband and wife and there is no responsibility on a party to begin divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they must request a divorce.
It is necessary to be aware that procedures for property settlement and spousal maintenance need to 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 challenging to acquire.
You do not require us to inform you what child support is or to get a general idea of what your responsibility (or entitlement) will be.
There is a quick children support 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 calculate 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 prepare your child support arrangements and obligations for the future to guarantee the very best possible plan remains in place given your and the other parents situations.
Some areas that Our Family Law Ascot can assist you with include:
Advising you as to your choices relating to child assistance which may include organizing a personal child support arrangement, in either a restricted or binding child assistance agreement.
Private agreements offer certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher 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 Unpaid Child Support In Ascot
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to modify the Department evaluated child support amount to better match your individual circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be altered under various circumstances (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other situations also apply. The change of evaluation procedure can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Ascot Pre-nuptials And Financial Agreements
Monetary agreements (likewise known informally as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:
As a risk management tool for couples seeking prenup Ascot how they will divide their property if they separate at a later time, it generally allows a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a significant amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Ascot seeking to settle their commitments 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 responsibilities.
Family violence (also called 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 claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was widened 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 safety or wellbeing.
Many people in Ascot may now be surprised 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, monitoring their email account or internet 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 property settlement and spousal maintenance identified in the Family Court along with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on an authentic 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 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 Ascot.
De facto spouses must not fear that they need to walk away 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 couple.