Divorce And Separation Lawyers In Pine Grove
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability 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 a minimum of twelve months and one day. This suggests 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 Pine Grove to be separated however to continue living in the exact same house throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they need 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 only grant a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce procedures are performed entirely individually from other proceedings in between the husband and wife and there is no responsibility on a party to start divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should make an application for a divorce.
It is necessary to be mindful that proceedings for property settlement and spousal maintenance must 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 get.
You do not need us to tell you what child support is or to get a general idea of what your obligation (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.
Nevertheless, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and complexities, and help you to strategically prepare your child support arrangements and commitments for the future to make sure the best possible arrangement is in place offered your and the other parents situations.
Some areas that Our Family Law Pine Grove can help you with include:
Advising you regarding your choices relating to child support which may consist of organizing a personal child assistance agreement, in either a minimal or binding child assistance arrangement.
Personal arrangements offer certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Pine Grove
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to change the Department assessed child assistance amount to better match your individual situations.
Assessments are prepared by the Department based upon a basic formula, but can be changed under different situations (up or down) based on factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Pine Grove Pre-nuptials And Financial Agreements
Monetary arrangements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
As a risk management tool for couples seeking prenup Pine Grove how they will divide their property if they separate at a later time, it generally permits a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a considerable sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Pine Grove looking for 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 financial agreement can permanently finalise spousal maintenance commitments.
Family violence (also known 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, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for kids.
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.
Lots of people in Pine Grove may 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 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 residential or commercial property settlement and spousal maintenance identified in the Family Court together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 considered to be a legal entity for the purpose of family law Pine Grove.
De facto spouses must not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a married couple.