Divorce And Separation Lawyers In Broadford
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates a person can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Broadford to be separated however to continue living in the very same house 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 during 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 actually been made for them.
Divorce procedures are carried out completely individually from other proceedings between the couple 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. Nevertheless if either party to the marriage wants to re-marry they should apply for a divorce.
It is important to be mindful that proceedings for property settlement and spousal maintenance must 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 tough to obtain.
You do not need us to tell you what child assistance is or to get a general 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.
However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and help you to strategically prepare your child support plans and obligations for the future to make sure the best possible plan remains in place provided your and the other moms and dads situations.
Some areas that Our Family Law Broadford can help you with include:
Advising you as to your options concerning child support which might consist of setting up a private child assistance agreement, in either a limited or binding child assistance arrangement.
Personal arrangements provide certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Broadford
We can assist 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 litigation through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to modify the Department examined child assistance amount to better suit your specific circumstances.
Assessments are prepared by the Department based on a basic formula, but can be altered under different situations (up or down) based upon aspects 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 kid has additional health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other situations also apply. The change of assessment process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Broadford Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless they can be useful:
As a risk management tool for couples seeking prenup Broadford how they will divide their property if they separate at a later time, it essentially enables a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the expenses 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 Broadford seeking to finalise their responsibilities 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 permanently settle 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 provide protection 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 individual and triggers them to fear for their safety or wellbeing.
Many individuals in Broadford might now be surprised 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 messages, 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 together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 Broadford.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a married couple.