Divorce And Separation Lawyers In North Geelong
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to grant a divorce if there has actually 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 a minimum of twelve months and one day. This indicates a person 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 North Geelong to be separated however to continue residing in the exact same house during the twelve months, which is called ‘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 kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper plans have been made for them.
Divorce procedures are carried out completely separately from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they must make an application for a divorce.
It is very important to be aware that procedures for property settlement and spousal maintenance must 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 need us to tell you exactly what child support is or to get a general idea of what your commitment (or entitlement) will be.
There is a quick children assistance estimator on the site of the Department of Human Services Child Assistance (” 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 a few of the lesser recognized areas and intricacies, and assist you to strategically plan your child support arrangements and obligations for the future to ensure the best possible plan remains in place given your and the other parents circumstances.
Some areas that Our Family Law North Geelong can help you with include:
Advising you regarding your choices concerning child support which may include organizing a private child support arrangement, in either a restricted or binding child support arrangement.
Personal agreements supply certainty for both moms and dads for a longer period of time (no continual 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 expenses in part or in lieu), and eliminate the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In North Geelong
We can assist in converting the unsettled amount from a Commonwealth debt to a personal 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 partner at the worldwide airport gate terminal.
Helping you to modify the Department examined child assistance amount to better match your individual circumstances.
Evaluations are prepared by the Department based on a standard formula, however can be altered under different circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other scenarios also use. The change of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
North Geelong Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everybody, nevertheless they can be beneficial:
As a risk management tool for couples seeking prenup North Geelong how they will divide their property if they separate at a later time, it generally allows a private agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in North Geelong looking for to finalise 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 financial agreement can permanently settle spousal maintenance commitments.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security 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 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
- financial 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 North Geelong might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 along with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real domestic basis for at least 2 years (or less if they have a kid, 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 unit) are thought about to be a legal entity for the purpose of family law North Geelong.
De facto spouses should 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 married couple.