Divorce And Separation Lawyers In Costerfield
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests an individual can not make an application for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Costerfield 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 have to show to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are conducted totally individually from other proceedings in between the couple and there is no obligation on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they must request a divorce.
It is necessary to be conscious that proceedings for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to obtain.
You do not require us to inform you what child support is or to get a general concept of what your obligation (or entitlement) will be.
There is a quick 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 support can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and complexities, and assist you to tactically plan your child support plans and commitments for the future to make sure the very best possible arrangement remains in place provided your and the other parents situations.
Some areas that Our Family Law Costerfield can assist you with include:
Advising you regarding your alternatives concerning child support which may consist of organizing a personal child assistance agreement, in either a minimal or binding child assistance agreement.
Personal agreements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Costerfield
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to alter the Department assessed child support amount to much better match your specific situations.
Evaluations are prepared by the Department based on a basic formula, but can be changed under different circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other circumstances also apply. The modification of assessment process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Costerfield Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, however they can be helpful:
As a risk management tool for couples seeking prenup Costerfield how they will divide their property if they separate at a later time, it essentially allows 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, including the expenses 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 Costerfield seeking to settle 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 monetary agreement can permanently finalise spousal maintenance responsibilities.
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 security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes a much wider scope of behaviours such as:
- emotional and psychological abuse
- economic 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 Costerfield may now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together 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 unit) are considered to be a legal entity for the purpose of family law Costerfield.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a married couple.