Divorce And Separation Lawyers In Boolite
Australian Law operates on the principle of no-fault divorce. This indicates 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 marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Boolite to be separated but to continue living in the very same home during the twelve months, which is referred to 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 appropriate plans have actually been made for them.
Divorce proceedings are conducted totally separately from other proceedings between the husband and wife and there is no commitment 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 request a divorce.
It is essential to be aware that procedures for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to obtain.
You do not need us to inform you what child assistance is or to get a general 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.
Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and assist you to strategically plan your child support arrangements and responsibilities for the future to make sure the best possible plan is in place offered your and the other parents circumstances.
Some areas that Our Family Law Boolite can help you with include:
Advising you as to your options relating to child support which may consist of setting up a personal child assistance agreement, in either a minimal or binding child support agreement.
Personal arrangements 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 approach 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 handle the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Boolite
We can help in converting the unsettled 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 international airport gate terminal.
Assisting you to alter the Department assessed child support amount to much better suit your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be changed under various circumstances (up or down) based on factors such as the expense of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other situations also use. The change of assessment process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Boolite Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, however they can be beneficial:
As a risk management tool for couples seeking prenup Boolite how they will divide their property if they separate at a later time, it essentially permits a personal 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, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Boolite 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 monetary agreement can permanently finalise spousal maintenance responsibilities.
Family violence (also known 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, but 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 definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates 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 triggers them to fear for their security or wellbeing.
Lots of people in Boolite might now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, 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 alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Boolite.
De facto partners must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial backing, in very much the same way as a married couple.