Divorce And Separation Lawyers In Axedale
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This suggests 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 Axedale to be separated but to continue living in the 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 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 proper arrangements have been made for them.
Divorce procedures are conducted completely separately from other proceedings in between the couple and there is no commitment on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they should make an application for a divorce.
It is essential to be conscious that procedures for property settlement and spousal maintenance should 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 require us to tell you exactly what child support is or to get a basic 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.
Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help you with some of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and commitments for the future to make sure the best possible plan is in place offered your and the other moms and dads circumstances.
Some areas that Our Family Law Axedale can help you with include:
Advising you regarding your choices concerning child support which may consist of organizing a private child support agreement, in either a minimal or binding child support arrangement.
Personal agreements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher flexibility 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 deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Axedale
We can assist in converting the unpaid amount from a Commonwealth debt to a private 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 debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to modify the Department evaluated child assistance amount to better match your individual circumstances.
Assessments are prepared by the Department based upon a standard formula, however can be modified under different circumstances (up or down) based on aspects such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other circumstances also apply. The modification of evaluation process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Axedale Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be useful:
As a risk management tool for couples seeking prenup Axedale how they will divide their property if they separate at a later time, it generally enables a private agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a significant amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Axedale seeking to finalise their obligations 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 responsibilities.
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 claims of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much larger 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 Axedale may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring 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 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 alongside couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Axedale.
De facto spouses should not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a couple.