Divorce And Separation Lawyers In Colac West
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This suggests an individual can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Colac West 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 have 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 grant a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce proceedings are carried out entirely individually from other proceedings in between the couple and there is no obligation on a party to start divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they need to request a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance should 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 difficult to get.
You don’t require us to inform you exactly what child support is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a fast children assistance estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with some of the lower known areas and intricacies, and help you to strategically prepare your child support plans and responsibilities for the future to ensure the best possible plan is in place provided your and the other parents circumstances.
Some areas that Our Family Law Colac West can help you with include:
Advising you as to your alternatives concerning child assistance which may include organizing a personal child support agreement, in either a limited or binding child support arrangement.
Private arrangements offer 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 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 Unpaid Child Assistance In Colac West
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to alter the Department assessed child support amount to much better match your individual circumstances.
Assessments are prepared by the Department based on a basic formula, however can be modified under different circumstances (up or down) based on factors such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a kid has additional health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other scenarios also apply. The modification of assessment process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Colac West Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, however they can be helpful:
As a risk management tool for couples seeking prenup Colac West how they will divide their property if they separate at a later time, it basically permits a personal agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Colac West seeking to finalise their obligations 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 completely settle spousal maintenance obligations.
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 provide 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 children.
The traditional definition of domestic violence (physical and sexual assault) was expanded 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 triggers them to fear for their safety or wellbeing.
Many individuals in Colac West 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 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 determined in the Family Court along with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 residential or commercial property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law Colac West.
De facto spouses must not fear that they need to 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 couple.