Divorce And Separation Lawyers In Burramine South
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 give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This indicates a person can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Burramine South to be separated however to continue living in the 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 need 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 approve a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are performed entirely separately from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings before taking action in relation to any 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 necessary to be mindful that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to obtain.
You do not require us to tell you exactly what child support is or to get a general concept of what your commitment (or entitlement) will be.
There is a quick children support estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, 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 lower known areas and complexities, and assist you to tactically prepare your child support plans and commitments for the future to ensure the very best possible plan is in place provided your and the other parents situations.
Some areas that Our Family Law Burramine South can assist you with consist of:
Advising you as to your choices regarding child assistance which might consist of setting up a private child support arrangement, in either a restricted or binding child support agreement.
Personal agreements supply certainty for both parents for a longer period 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 remove the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Burramine South
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery litigation 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 evaluated child assistance amount to much better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be altered under various circumstances (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 additional extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The change of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Burramine South Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
As a risk management tool for couples seeking prenup Burramine South how they will divide their property if they separate at a later time, it basically enables a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, consisting of 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 Burramine South 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 completely settle spousal maintenance commitments.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer 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 children.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much broader 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.
Lots of people in Burramine South might now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail 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 determined in the Family Court alongside 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Burramine South.
De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a married couple.