Divorce And Separation Lawyers In Bedford Road
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies a person can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Bedford Road to be separated however to continue residing in the same home during the twelve months, which is known 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 correct arrangements have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the couple 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 marriage wants to re-marry they should request a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to acquire.
You don’t require us to tell you what child support is or to get a basic concept of what your commitment (or entitlement) will be.
There is a quick children assistance 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 assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and intricacies, and help you to tactically prepare your child support plans and commitments for the future to make sure the very best possible plan remains in place provided your and the other parents circumstances.
Some areas that Our Family Law Bedford Road can assist you with consist of:
Advising you as to your options relating to child assistance which might include setting up a personal child assistance arrangement, in either a restricted or binding child support agreement.
Personal arrangements offer certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable higher versatility 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.
Helping In Steps To Recover Unpaid Child Support In Bedford Road
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 personal recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to modify the Department examined child assistance amount to much better match your individual situations.
Assessments are prepared by the Department based upon a standard formula, but can be changed under different circumstances (up or down) based on aspects such as the expense 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 income poor however ‘asset rich’, etc. Other scenarios also apply. The modification of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Bedford Road Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, however they can be beneficial:
As a risk management tool for couples seeking prenup Bedford Road how they will divide their property if they separate at a later time, it generally enables a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a significant sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Bedford Road seeking to settle 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 finalise spousal maintenance commitments.
Family violence (likewise referred to 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, 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 broadened 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 person and causes them to fear for their safety or wellbeing.
Many people in Bedford Road may now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 property settlement and spousal maintenance identified in the Family Court together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine domestic basis for a minimum of 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) are considered to be a legal entity for the purpose of family law Bedford Road.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial support, in very much the same way as a married couple.