Divorce And Separation Lawyers In Queenscliff
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to approve 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 should has been separated for a minimum of twelve months and one day. This implies a person can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Queenscliff to be separated however to continue residing in the same house during 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 during this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper 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 obligation on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must make an application for a divorce.
It is very important to be mindful that procedures for property settlement and spousal maintenance need to 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 difficult to acquire.
You don’t 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 quick children support 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 support can be a complex and painful minefield. We can assist you with some of the lower known areas and intricacies, and assist you to strategically prepare your child support plans and responsibilities for the future to make sure the very best possible arrangement remains in place given your and the other parents scenarios.
Some areas that Our Family Law Queenscliff can assist you with consist of:
Advising you as to your choices regarding child support which might consist of arranging a private child assistance agreement, in either a minimal or binding child support agreement.
Private arrangements offer certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable higher versatility 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 get rid of the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Queenscliff
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 lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Helping you to modify the Department assessed child support amount to better suit your individual situations.
Assessments are prepared by the Department based on a standard formula, however can be altered under different situations (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads meant (e.g.: private education or extra extracurricular costs), if a child has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other scenarios also apply. The modification of assessment process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Queenscliff Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everybody, however they can be useful:
As a risk management tool for couples seeking prenup Queenscliff how they will divide their property if they separate at a later time, it basically permits a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a considerable amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Queenscliff 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 completely finalise spousal maintenance responsibilities.
Family violence (also called 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 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 broader scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and causes them to fear for their safety or wellbeing.
Lots of people in Queenscliff may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or internet 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 together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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) are considered to be a legal entity for the purpose of family law Queenscliff.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.