Divorce And Separation Lawyers In Ringwood North
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court is able to give 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 should has been separated for at least twelve months and one day. This implies an individual can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Ringwood North to be separated but to continue living in the exact same home 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 during this time.
If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are carried out completely separately from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they should request a divorce.
It is necessary 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 tough to acquire.
You don’t need us to tell you exactly what child assistance is or to get a basic idea of what your obligation (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 determine child assistance can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and complexities, and assist you to tactically prepare your child support arrangements and responsibilities for the future to ensure the best possible plan remains in place given your and the other parents situations.
Some areas that Our Family Law Ringwood North can help you with include:
Advising you regarding your options regarding child assistance which may consist of setting up a personal child assistance arrangement, in either a restricted or binding child assistance arrangement.
Personal arrangements offer certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Ringwood North
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 steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to modify the Department examined child support amount to much better suit your specific situations.
Evaluations are prepared by the Department based on a standard formula, however can be changed under different situations (up or down) based on aspects such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other situations also use. The modification of evaluation procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Ringwood North Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
As a risk management tool for couples seeking prenup Ringwood North how they will divide their property if they separate at a later time, it generally permits a private agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a considerable amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Ringwood North looking for to settle 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 monetary agreement can completely finalise spousal maintenance commitments.
Family violence (likewise 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, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying 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 person and causes them to fear for their safety or wellbeing.
Many people in Ringwood North might now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail 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 couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 considered to be a legal entity for the purpose of family law Ringwood North.
De facto spouses should not fear that they must leave 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.