Divorce And Separation Lawyers In Clear Lake
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to grant 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 needs to has been separated for a minimum of twelve months and one day. This suggests an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Clear Lake to be separated however to continue living in the same house 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 appropriate plans have been made for them.
Divorce proceedings are carried out completely individually from other proceedings between the couple and there is no commitment on a party to start divorce proceedings before taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they need to request a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance need to 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 challenging to obtain.
You do not need us to inform you exactly what child support is or to get a basic idea of what your responsibility (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 help you with some of the lower recognized areas and complexities, and assist you to strategically plan your child support plans and commitments for the future to make sure the best possible plan remains in place provided your and the other moms and dads circumstances.
Some areas that Our Family Law Clear Lake can assist you with include:
Advising you regarding your choices regarding child assistance which might include setting up a private child support arrangement, in either a restricted or binding child assistance agreement.
Personal agreements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable higher flexibility in the approach of payment (direct financing 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 deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Clear Lake
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to alter the Department assessed child assistance amount to much better match your specific situations.
Evaluations are prepared by the Department based upon a standard formula, however can be altered under various situations (up or down) based on factors such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other circumstances also use. The change of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Clear Lake Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, however they can be helpful:
As a risk management tool for couples seeking prenup Clear Lake how they will divide their property if they separate at a later time, it generally permits a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a considerable sum of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Clear Lake seeking to finalise their commitments 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 monetary agreement can permanently settle spousal maintenance responsibilities.
Family violence (likewise referred to 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 claims of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates 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 person and causes them to fear for their security or wellbeing.
Many individuals in Clear Lake may 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 email account or web 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 married 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 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 unit) are considered to be a legal entity for the purpose of family law Clear Lake.
De facto spouses should not fear that they need to leave 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 couple.