Divorce And Separation Lawyers In Burwood
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This indicates an individual can not make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Burwood to be separated but to continue living in the same house throughout the twelve months, which is called ‘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 kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are performed entirely individually from other proceedings in between the husband and wife and there is no responsibility on a party to begin divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must apply for a divorce.
It is essential to be mindful that proceedings 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 difficult to obtain.
You do not require us to tell you what child support is or to get a basic concept of what your commitment (or entitlement) will be.
There is a fast children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and help you to tactically plan your child support plans and obligations for the future to make sure the best possible plan is in place given your and the other parents circumstances.
Some areas that Our Family Law Burwood can assist you with include:
Advising you regarding your choices relating to child assistance which may consist of organizing a private child assistance arrangement, in either a minimal or binding child assistance agreement.
Private 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 method of payment (direct funding 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 Unpaid Child Assistance In Burwood
We can help in converting the unpaid 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 actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department assessed child support amount to better suit your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be altered under different circumstances (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 additional extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also use. The modification of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Burwood Pre-nuptials And Financial Agreements
Monetary agreements (likewise known informally as ‘pre-nups’) are not for everyone, however they can be useful:
As a risk management tool for couples seeking prenup Burwood how they will divide their property if they separate at a later time, it generally allows a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Burwood looking for 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 financial agreement can completely settle spousal maintenance obligations.
Family violence (likewise 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 identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now incorporates 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 causes them to fear for their safety or wellbeing.
Lots of people in Burwood might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their e-mail account or internet web 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 couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine domestic basis for a minimum of 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Burwood.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a married couple.