Divorce And Separation Lawyers In Balliang
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to give 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 must has been separated for a minimum of twelve months and one day. This means an individual can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Balliang to be separated however to continue residing in the exact 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 only give a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are conducted totally individually from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should make an application for a divorce.
It is important to be mindful that proceedings for property settlement and spousal maintenance must 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 challenging to acquire.
You don’t need us to tell you exactly what child assistance is or to get a general idea of what your commitment (or entitlement) will be.
There is a quick children support estimator on the site of the Department of Human Services Child Assistance (” 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 help you with a few of the lower recognized areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to guarantee the best possible arrangement is in place offered your and the other parents situations.
Some areas that Our Family Law Balliang can assist you with include:
Advising you as to your choices concerning child support which might include organizing a personal child support agreement, in either a limited or binding child support arrangement.
Personal agreements provide certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable greater versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Balliang
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Helping you to modify the Department assessed child support amount to better suit your individual situations.
Assessments are prepared by the Department based on a standard formula, but can be altered under various circumstances (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also use. The change of assessment procedure can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Balliang Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, however they can be beneficial:
As a risk management tool for couples seeking prenup Balliang how they will divide their property if they separate at a later time, it basically enables a private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable 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 Balliang looking for 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 permanently finalise spousal maintenance obligations.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection 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 assault) was widened in late 2012 and now encompasses a much larger 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 Balliang may now be shocked to discover 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 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 alongside married couples.
Regardless of 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 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 Balliang.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial support, in very much the same way as a couple.