Divorce And Separation Lawyers In Robertsons Beach
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. 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 suggests an individual can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Robertsons Beach to be separated however to continue residing in the very same home throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they have 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 grant a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce procedures are carried out totally individually from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to apply for a divorce.
It is important to be conscious that procedures for property settlement and spousal maintenance need to be begun 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 tell you exactly what child assistance is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a fast children support estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to make sure the best possible arrangement is in place provided your and the other parents situations.
Some areas that Our Family Law Robertsons Beach can assist you with include:
Advising you regarding your alternatives regarding child support which might include arranging a personal child support agreement, in either a limited or binding child assistance agreement.
Private agreements offer certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater versatility 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 get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Robertsons Beach
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the unpaid 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 circumstances.
Evaluations are prepared by the Department based upon a basic formula, however can be modified under different circumstances (up or down) based upon aspects such as the cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances 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.
Robertsons Beach Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everyone, however they can be useful:
As a risk management tool for couples seeking prenup Robertsons Beach how they will divide their property if they separate at a later time, it generally enables a personal agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a significant sum of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Robertsons Beach looking for 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 finalise spousal maintenance obligations.
Family violence (also referred to 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 claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was expanded 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 security or wellbeing.
Lots of people in Robertsons Beach might now be surprised 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 messages, monitoring their email account or internet web 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 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 lived together on a genuine 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 residential or commercial property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Robertsons Beach.
De facto partners should not fear that they should 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.