Divorce And Separation Lawyers In Dixie
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means a person 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 Dixie to be separated but to continue living in the same home throughout the twelve months, which is known 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 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 plans have been made for them.
Divorce procedures are conducted entirely separately from other proceedings in between the husband and wife and there is no responsibility on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they should make an application for a divorce.
It is important to be aware 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 obtain.
You don’t need us to inform you exactly what child assistance is or to get a general concept of what your obligation (or entitlement) will be.
There is a quick children support estimator on the website of the Department of Human Services Child Assistance (” 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 lesser known areas and complexities, and assist you to tactically plan your child support plans and commitments for the future to make sure the best possible plan remains in place given your and the other moms and dads circumstances.
Some areas that Our Family Law Dixie can help you with include:
Advising you as to your alternatives relating to child support which may consist of arranging a private child support arrangement, in either a restricted or binding child support arrangement.
Private arrangements provide 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 funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Dixie
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue personal recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department examined child assistance amount to much better suit your individual situations.
Assessments are prepared by the Department based on a basic formula, but can be changed under different situations (up or down) based upon factors such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other circumstances also apply. The modification of evaluation process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Dixie 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 Dixie how they will divide their property if they separate at a later time, it essentially allows a personal agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a substantial sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Dixie 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 monetary agreement can completely settle spousal maintenance obligations.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, however 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 widened 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 individual and triggers them to fear for their security or wellbeing.
Many individuals in Dixie might now be surprised to discover 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 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 identified in the Family Court together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Dixie.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a couple.