Divorce And Separation Lawyers In Big Desert
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship 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 actually been separated for twelve months and one day.
It is possible for a couple in Big Desert to be separated but to continue living in the exact same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need 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 just approve a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they must apply for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to acquire.
You do not need us to inform you what child assistance is or to get a basic concept 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.
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 lesser known areas and complexities, and help you to strategically prepare your child support arrangements and obligations for the future to ensure the best possible arrangement is in place given your and the other parents circumstances.
Some areas that Our Family Law Big Desert can assist you with consist of:
Advising you as to your options relating to child support which may consist of setting up a personal child support arrangement, in either a restricted or binding child support agreement.
Private agreements provide certainty for both moms and dads for a longer amount of time (no continuous 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 eliminate the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Big Desert
We can help in converting the unpaid amount from a Commonwealth debt to a personal 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 unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to alter the Department evaluated child support amount to better match your specific circumstances.
Assessments are prepared by the Department based on a basic formula, however can be changed under different situations (up or down) based upon factors such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other circumstances also use. The change of assessment procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Big Desert Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be helpful:
As a risk management tool for couples seeking prenup Big Desert how they will divide their property if they separate at a later time, it basically allows a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a significant sum of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Big Desert seeking to finalise their commitments 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 monetary agreement can completely finalise spousal maintenance responsibilities.
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 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 kids.
The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now includes a much broader 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 safety or wellbeing.
Lots of people in Big Desert might now be shocked to find 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, monitoring their email account or internet 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 identified in the Family Court along with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 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 Big Desert.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.