Divorce And Separation Lawyers In Bells Beach
Australian Law operates on the concept of no-fault divorce. This means 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 marriage has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This suggests a person can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Bells Beach to be separated but to continue living in the very same house throughout 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 appropriate plans have been made for them.
Divorce proceedings are carried out totally individually from other proceedings between the couple and there is no obligation on a party to start divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they must apply for a divorce.
It is very important to be conscious that procedures for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to acquire.
Child Support
You don’t need us to tell you exactly what child support is or to get a basic concept of what your commitment (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 assistance can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and help you to tactically plan your child support plans and responsibilities for the future to ensure the best possible arrangement remains in place offered your and the other moms and dads circumstances.
Some areas that Our Family Law Bells Beach can assist you with consist of:
Advising you regarding your alternatives relating to child support which might include arranging a private child support arrangement, in either a limited or binding child support arrangement.
Private agreements supply certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Bells Beach
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to change the Department evaluated child support amount to better match your individual situations.
Evaluations are prepared by the Department based on a standard formula, but can be modified under various circumstances (up or down) based upon aspects such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Bells Beach Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everyone, however they can be useful:
As a risk management tool for couples seeking prenup Bells Beach how they will divide their property if they separate at a later time, it generally enables a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Bells Beach looking for to finalise their responsibilities 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 settle spousal maintenance responsibilities.
Family Violence
Family violence (also referred to as 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 kids.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now includes a much wider 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.
Lots of people in Bells Beach may now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance 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 together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real 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 considered to be a legal entity for the purpose of family law Bells Beach.
De facto spouses must not fear that they need to walk away 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.
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