Divorce And Separation Lawyers In Boronia
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to grant 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 must has been separated for a minimum of twelve months and one day. This indicates an individual can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Boronia 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 children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper plans have actually been made for them.
Divorce procedures are carried out totally separately from other proceedings in between the husband and wife and there is no commitment on a party to commence 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 important to be mindful that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is hard to get.
You don’t require us to inform you exactly what child support is or to get a general idea of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the site 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 complexities, and assist you to tactically prepare your child support plans and obligations for the future to make sure the very best possible plan remains in place given your and the other moms and dads circumstances.
Some areas that Our Family Law Boronia can assist you with include:
Advising you regarding your choices concerning child support which may consist of arranging a private child assistance agreement, in either a limited or binding child assistance arrangement.
Personal arrangements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility 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 remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Boronia
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 private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Helping you to change the Department evaluated child support amount to better suit your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be changed under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other circumstances also use. The change of assessment process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Boronia Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:
As a risk management tool for couples seeking prenup Boronia how they will divide their property if they separate at a later time, it basically allows a private agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a substantial amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Boronia seeking to finalise 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 called 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 allegations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much larger 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 triggers them to fear for their security or wellbeing.
Many individuals in Boronia might now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their email account or internet browser history.
De Facto Relationships
In March 2009 a brand-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 together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 thought about to be a legal entity for the purpose of family law Boronia.
De facto spouses must not fear that they must leave 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.