Divorce And Separation Lawyers In Caulfield North
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 is able to give a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for at least twelve months and one day. This suggests a person can not make an application for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Caulfield North to be separated but 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 during this time.
If there are kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper plans have actually been made for them.
Divorce procedures are conducted completely separately from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage 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 need to be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to obtain.
You do not need us to tell you exactly what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.
There is a quick children assistance 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 some of the lesser known areas and complexities, and assist you to tactically plan your child support plans and responsibilities for the future to guarantee the best possible plan remains in place offered your and the other parents situations.
Some areas that Our Family Law Caulfield North can help you with consist of:
Advising you as to your options concerning child support which might include setting up a personal child support agreement, in either a restricted or binding child assistance agreement.
Personal arrangements supply certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Caulfield North
We can assist in converting the unpaid amount from a Commonwealth debt to a personal 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 partner at the international airport gate terminal.
Helping you to modify the Department assessed child support amount to much better match your individual situations.
Assessments are prepared by the Department based on a basic formula, however can be modified under different circumstances (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also use. The modification of evaluation procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Caulfield North Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless they can be helpful:
As a risk management tool for couples seeking prenup Caulfield North how they will divide their property if they separate at a later time, it basically enables a personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Caulfield North seeking to finalise their commitments 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 commitments.
Family violence (likewise known 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 allegations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning 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
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their security or wellbeing.
Many individuals in Caulfield North may 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 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 property settlement and spousal maintenance identified in the Family Court along with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 Caulfield North.
De facto spouses should not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.