Divorce And Separation Lawyers In Cranbourne
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marital relationship 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 broken down irretrievably the couple must has been separated for at least twelve months and one day. This means an individual can not make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Cranbourne to be separated however to continue residing in the very same home throughout 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 show to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are conducted entirely separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to apply for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to get.
You do not require us to inform you exactly what child support is or to get a general concept of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and help you to tactically prepare your child support plans and commitments for the future to ensure the best possible plan is in place provided your and the other parents situations.
Some areas that Our Family Law Cranbourne can assist you with include:
Advising you regarding your options relating to child support which may consist of setting up a personal child support agreement, in either a limited or binding child assistance agreement.
Private agreements offer certainty for both parents for a longer amount of time (no continual 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 expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Cranbourne
We can help in converting the unpaid amount from a Commonwealth debt to a private 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 spouse at the global airport gate terminal.
Assisting you to alter the Department assessed child assistance amount to much better match your specific circumstances.
Evaluations are prepared by the Department based upon a basic formula, however can be altered under different circumstances (up or down) based on factors such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also use. The change of evaluation procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Cranbourne Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
As a risk management tool for couples seeking prenup Cranbourne how they will divide their property if they separate at a later time, it basically permits a private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Cranbourne seeking to finalise their responsibilities 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 permanently settle spousal maintenance commitments.
Family violence (also referred to 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 determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses 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 safety or wellbeing.
Lots of people in Cranbourne may now be shocked to discover 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, monitoring their e-mail account or web browser history.
De Facto Relationships
In March 2009 a 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 alongside married couples.
In spite of 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 unit) are considered to be a legal entity for the purpose of family law Cranbourne.
De facto spouses must not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial backing, in very much the same way as a married couple.