Divorce And Separation Lawyers In Chiltern Valley
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This means a person can not apply for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Chiltern Valley to be separated but to continue living in the same house during the twelve months, which is known as ‘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 throughout this time.
If there are kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to make an application for a divorce.
It is essential 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 get.
You don’t require us to inform you what child support is or to get a general idea 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 Assistance (” the Department”) which you can use.
However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with some of the lesser known areas and intricacies, and help you to strategically plan your child support plans and responsibilities for the future to guarantee the very best possible plan is in place provided your and the other parents circumstances.
Some areas that Our Family Law Chiltern Valley can help you with consist of:
Advising you regarding your choices regarding child support which might include setting up a personal child assistance arrangement, in either a restricted or binding child assistance agreement.
Personal arrangements supply certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Chiltern Valley
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to change the Department examined child assistance amount to better match your specific circumstances.
Assessments are prepared by the Department based on a standard formula, however can be changed under different circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other circumstances also apply. The change of assessment process can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Chiltern Valley 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 Chiltern Valley how they will divide their property if they separate at a later time, it essentially permits a private agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Chiltern Valley seeking to settle their responsibilities to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can permanently 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 provide security to the victim, but 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 expanded in late 2012 and now incorporates a much broader 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 people in Chiltern Valley may now be shocked 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 messages, monitoring their email account or internet 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 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 thought about to be a legal entity for the purpose of family law Chiltern Valley.
De facto spouses should not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial backing, in very much the same way as a married couple.