Divorce And Separation Lawyers In Brunswick West
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out 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 needs to has been separated for at least twelve months and one day. This means a person can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Brunswick West to be separated but to continue residing in the same home 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 prove 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 correct plans have actually been made for them.
Divorce proceedings are conducted completely separately from other proceedings in between the couple and there is no commitment on a party to begin divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they need to apply for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to get.
You do not need us to tell you what child assistance is or to get a basic concept of what your obligation (or entitlement) will be.
There is a fast children support estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
However, 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 recognized areas and intricacies, and help you to tactically prepare your child support arrangements and commitments for the future to ensure the very best possible arrangement remains in place offered your and the other parents situations.
Some areas that Our Family Law Brunswick West can help you with include:
Advising you as to your alternatives regarding child support which may include arranging a private child assistance agreement, in either a minimal or binding child assistance agreement.
Private agreements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable greater versatility 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 get rid of the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Brunswick West
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow 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.
Helping you to alter the Department evaluated child support amount to better suit your individual situations.
Evaluations are prepared by the Department based upon a standard formula, but can be changed under various situations (up or down) based on aspects such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The change of evaluation procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Brunswick West Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
As a risk management tool for couples seeking prenup Brunswick West how they will divide their property if they separate at a later time, it essentially allows a personal agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a considerable amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Brunswick West seeking to settle 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 monetary agreement can completely settle spousal maintenance obligations.
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 protection 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 assault) 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 individual and triggers them to fear for their security or wellbeing.
Many people in Brunswick West might now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, 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 along 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 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 Brunswick West.
De facto partners 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.