Divorce And Separation Lawyers In Bell Post Hill
Australian Law operates on the concept 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 marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual 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 Bell Post Hill to be separated but to continue living in the exact same house 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 kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have actually been made for them.
Divorce procedures are conducted totally separately from other proceedings between the husband and wife and there is no commitment 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 should make an application for a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance must 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 hard to acquire.
You don’t require us to tell you exactly what child assistance is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Support (” 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 a few of the lower known areas and intricacies, and help you to tactically prepare your child support plans and responsibilities for the future to ensure the very best possible arrangement remains in place provided your and the other parents circumstances.
Some areas that Our Family Law Bell Post Hill can help you with consist of:
Advising you regarding your choices concerning child support which may consist of setting up a private child assistance arrangement, in either a limited or binding child support arrangement.
Private arrangements supply certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater flexibility in the method 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 bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Bell Post Hill
We can help in converting the unsettled amount from a Commonwealth debt to a personal 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 unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to modify the Department assessed child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based on a basic formula, however can be altered under various circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other situations also use. The modification of evaluation process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Bell Post Hill Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:
As a risk management tool for couples seeking prenup Bell Post Hill how they will divide their property if they separate at a later time, it generally enables 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 substantial amount of money, including the expenses 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 Bell Post Hill 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 financial agreement can permanently finalise spousal maintenance commitments.
Family violence (also 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, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition 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 person and causes them to fear for their security or wellbeing.
Many individuals in Bell Post Hill may now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, 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 residential or commercial property settlement and spousal maintenance determined in the Family Court along with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 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 Bell Post Hill.
De facto spouses should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a couple.